마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence Nos. 3 and 4 shall be confiscated.
1. The summary of the grounds for appeal asserts that the defendant is unfair because he is too large to be sentenced to the punishment sentenced by the court below (a prison labor for 10 months, confiscation).
2. In full view of the facts that the judgment of the court below committed the instant crime on December 25, 2015, even if the execution of the sentence was completed on November 2014 as indicated in the judgment of the court below and served as a repeated offender, the Defendant committed the instant crime on December 25, 2015, and the Defendant committed several times of punishment due to the violation of the Act on the Employment Stabilization and Punishment of Violences, etc., the crime of larceny, the crime of gambling, the violation of the Road Traffic Act, the crime of gambling, the crime of gambling, the crime of bodily injury, and the crime of fraud. In full view of the above, it is inevitable to sentence sentence on the Defendant.
However, considering the circumstances favorable to the defendant, such as the defendant's age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable, taking into account the following circumstances: (a) the defendant recognized the defendant's mistake; (b) the defendant has no record of punishment for the past narcotics crime; and (c) the defendant actively cooperated with the arrest of another narcotics offender; and (d) the fact that the defendant submitted a written confirmation of cooperation in the investigation by the Goyang Police Station to the effect that he actively cooperates with the arrest of another narcotics offender.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Re-written judgment] Criminal facts and summary of evidence recognized by the court and the summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of the law is as stated in the applicable column of the judgment below.
1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts.