마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
8,320,000 won shall be additionally collected from the defendant.
Summary of Grounds for Appeal
The punishment of the lower court (two years of imprisonment, and KRW 8.320,000) is unreasonable.
2. The sentence of a sentence is inevitable on the grounds that the Defendant had the criminal records that he had been sentenced several times to the previous and the previous sentence, and that the Defendant committed the instant crime during the period of repeated crime, that the amount and frequency of phiphonephones handled by the Defendant, that the Defendant did not merely operate a simple medication, and that the administration of narcotics constitutes a serious crime detrimental to the soundness of the society and the nation due to its toxicity, and that there is a great need for punishment.
However, considering the fact that the defendant reflects and cooperates with the narcotics investigation company, the punishment of the court below is somewhat heavy.
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.
[Dao-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are as stated in the corresponding column of each judgment of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc., Articles 61(1)6, and 4(1)2 of the former Act on the Control of Narcotics, Etc., Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc.
1. Article 35 of the Criminal Act (excluding the crimes of subparagraphs 3 and 4 of the original judgment) 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 proviso to Article 67 of the Narcotics Control Act;