마약류관리에관한법률위반(향정)
The judgment below
The part against the Defendants is reversed.
Defendants shall be punished by imprisonment for ten months.
Defendant .
1. The decision of the court below against the defendants in summary of the grounds for appeal (the defendant C: imprisonment of one year and six months, and additional collection of 3 million won, and the defendant D: imprisonment of two years and six months and additional collection of 725,000 won) is too unreasonable.
2. In light of the fact that Defendant C committed the instant crime even after being sentenced to a suspended sentence for the same crime, and Defendant D committed the instant crime during the suspended sentence for another crime, it is inevitable to sentence the Defendants to a sentence.
However, in full view of the following circumstances: (a) the Defendants recognized the commission of a crime; (b) Defendant D’s consent to and against the commission of a crime; (c) equity with accomplices; and (d) equity with sentencing; and (e) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendants’ respective ages, character and conduct, environment, family relationship; and (e) circumstances after the commission of a crime, the lower court’s punishment against the Defendants is somewhat unreasonable; and therefore, (c) the Defendants and their defense counsels’ allegation of unfair sentencing is with merit.
3. Thus, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is well-grounded, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as stated in the part against the Defendants among the criminal records, the part against Defendant D, 3 and 4 among the criminal facts and the summary of the evidence among the criminal records in the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
A. Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. by Defendant C, the point of transaction, provision, and medication of philopon, and November 26, 2013.