마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
10,000 won shall be additionally collected from the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment and one hundred thousand won of collection) is too unreasonable.
2. It is recognized that the defendant has criminal records of suspended execution and punishment for the same kind of crime.
However, in full view of all the sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, the sentence imposed by the court below is somewhat unreasonable, and thus, the defendant's assertion of unfair sentencing is justified.
3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning the relevant criminal facts and the selection of punishment for each of them;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;