마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
10,000 won shall be additionally collected from the defendant.
Summary of Grounds for Appeal
The punishment of the lower court (one year of imprisonment, 100,000 won for additional collection) is too unreasonable.
2. The crime of this case is deemed to have been administered by inserting approximately 0.03g of Mesacopon (hereinafter “losopon”) in a single-use injection machine, melting a bio-vescopon, even though the Defendant is not a person handling narcotics, and the Defendant is a person who has the same criminal record and three times.
However, the defendant is a person with a disability of grade 5 with no previous conviction during the last ten years, and the crime of this case is recognized and reflected, and the defendant's family and his branch want to take the action against the defendant without good health status.
On the other hand, even though the defendant did not have ‘the same criminal record as or above the suspended sentence for a period of not more than three years', the court below determined the scope of the recommended sentence by reflecting it as a special person.
In addition, considering the following circumstances, such as the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is somewhat unreasonable.
Therefore, the defendant's argument is justified.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.
The facts constituting the crime and the summary of the evidence recognized by the court are identical to the facts constituting the crime and the summary of the evidence, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Relevant Acts concerning facts constituting a crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. that are elective for Punishment
2. The proviso to Article 67 of the Narcotics Control Act;