마약류관리에관한법률위반(향정)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for ten months;
3. However, for a period of two years from the date this ruling becomes final and conclusive.
1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the additional collection of 300,000 won) is too unreasonable.
2. Each of the instant crimes committed by the Defendant, even though the Defendant is not a narcotics handler, purchases a Mesacopic (one philophone) once, and administers a single dose, the nature of the crime is not good, and the Defendant has a record of punishment for the same kind of crime.
In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.
However, the defendant would not repeat the crime of this case in the future by making a confession and reflect on all of the crimes of this case.
Along with the fact that the defendant was punished for the same type of crime in 2000, the fact that the defendant did not repeat the crime for a considerable period of time after being punished for the same type of crime, the fact that the amount of penphones purchased or administered by the defendant was not much high, the defendant was detained for about five months in this case, and the family members of the defendant wanted the preference of the defendant to the defendant.
In addition to the above circumstances, comprehensively taking account of the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and other various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is unreasonable.
Therefore, the defendant's argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence recognized by the court is identical to the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;