마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Seized evidence 1, 2, and 4 shall be confiscated.
1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the crime of narcotics requires a strict punishment and eradication. This case is disadvantageous to the Defendant, considering that the Defendant’s phiphones were purchased once, administered once, possessed once and the nature of the crime is not good, the Defendant’s amount of phiphones handled is not large, and the Defendant has been punished several times due to the same crime (two times the suspension of the execution of imprisonment with prison labor). In particular, on August 25, 2016, the Seoul Central District Court sentenced imprisonment with prison labor for the same crime at the Seoul Central District Court for three years, and was suspended on December 29, 2016 after the judgment became final and conclusive, and in light of the fact that the Defendant’s phiphones were detected from the Defendant’s her mother’s cphonephones, it seems that the degree of phiphone addiction of the Defendant’s phiphones seems not to be mitigated.
However, when the defendant made a confession of each of the crimes of this case for the first time, it is against the mistake, the mere possession and medication, each of the crimes of this case is caused by the informants, and there are circumstances that can be considered in the course of the crime, the defendant has no criminal record exceeding the suspended execution, the defendant's family members appeal the defendant's wife, the defendant's suspended execution of imprisonment with prison labor is invalidated in the case where this judgment becomes final and conclusive, and the scope of the recommended punishment in the Supreme Court's sentencing guidelines for each of the crimes of this case is the scope of the defendant's age, sex, environment, motive, means and result of the crime of this case, the circumstances after the crime, and all of the sentencing conditions indicated in the records and arguments of this case including records and changes, the punishment sentenced by the court below is inappropriate.
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