마약류관리에관한법률위반(대마)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
except that this judgment.
1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of eight months, the probation period of two years, the observation of protection, the community service for 120 hours, and the lecture of pharmacologic treatment for 40 hours) is too unreasonable.
2. The fact that the defendant did not know even though he had been punished for the same kind of crime and committed the crime of this case when he did not know about the fact that the defendant committed the crime of this case, etc. that is disadvantageous to the defendant, or that it appears that the defendant voluntarily surrenders to the investigation agency and cooperates with the investigation of this case, and that the court below's punishment is unfair because of the defendant's health condition, etc. that is suffering from both original symptoms requiring medication and surgery, etc.
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, and the judgment below is ruled again after pleading as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 61 (1) 6 and Article 4 (1) 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts, Articles 61 (1) 6 and 4 (1) 2 of the same Act, selection of imprisonment for a prison labor;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;
1. Prior to the grounds for sentencing under the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc., the sentence is determined as per the disposition, taking into account the various circumstances as seen in the part of the judgment on the Defendant’s unfair argument regarding sentencing.