마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
482,400 won shall be additionally collected from the defendant.
1. The summary of the grounds for appeal (e.g., 10 months of imprisonment and the collection of penalties) of the lower court against the Defendant is too unreasonable.
2. Although the Defendant had been punished several times for the same kind of crime including multiple times of punishment, the fact that the Defendant again committed the instant crime during the period of repeated crime is disadvantageous.
However, in full view of the fact that the defendant led to the confession of the crime of this case and did not repeat the crime of this case, the defendant seems to have been facilitating the arrest of other narcotics offenders through active investigation cooperation, and the fact that the defendant was not detained by G from the Ulsan District Prosecutors' Office in cooperation with the arrest of the G by the defendant at the time of the trial, the investigation report (investigation Cooperation) was submitted to the effect that the defendant has been submitted to the effect that he was not detained by G by cooperating with the arrest of the drug offender, and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the crime, and the scope of the sentencing guidelines recommended by the Sentencing
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
【Reasons for the Judgment of the Supreme Court which has been written] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The Act on the Management of Narcotics, etc. for Additional Collection;