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. Determination of the summary of the grounds for appeal (a year of imprisonment with prison labor and an additional collection) is unreasonable;
2. The sentence imposed by the court below is within the scope of the applicable sentencing range and the recommended sentencing criteria (one year to three years of imprisonment).
However, if a sentence becomes final and conclusive due to the instant case, it seems that the suspended sentence will be invalidated. In comparison with the instant crime and the crimes on which suspended sentence was imposed prior to the instant case, the amount of the original sentence is somewhat inappropriate.
3. The appeal by the defendant is justified.
Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading
Criminal facts
Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 concerning the facts constituting an offense, and Articles 2 and 2 and 3 (b) of the Act on the Selection of Narcotics, etc.;
1. The proviso to Article 67 of the Narcotics Control Act;