마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
20,000 won shall be additionally collected from the defendant.
1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and two months of imprisonment and additional collection) is too unreasonable.
2. The judgment of the accused has three times the history of criminal punishment for the same crime, and also commits the crime of this case during the period of probation, and narcotics-related crimes require strict punishment as serious crimes with severe social harm and risk of recidivism.
However, considering the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the details of the instant crime are only limited to the simple medication; and (c) actively cooperate with the narcotics investigation company, such as providing information about the upper vessels; (d) the motive and background of the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, health, etc.; and (e) the punishment imposed by the Defendant is somewhat unreasonable, considering the various circumstances, which form the conditions for sentencing specified in the instant records and arguments, including the records and arguments, such as the motive and circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct
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.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;
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;