마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
No. 5,6,7,13 of seized evidence.
Summary of Grounds for Appeal
The punishment sentenced by the court below (two years of imprisonment, confiscation, additional collection of 908,500 won) is too unreasonable.
Judgment
The fact that the defendant commits another crime in this case during the period of repeated crime due to the previous violation, and that the defendant has many previous charges, etc. are disadvantageous to the defendant.
However, in full view of the following circumstances: (a) the Defendant recognized all of the crimes; (b) the instant crime was committed several simple purchases and medications; and (c) the sentencing examples of the same kind of crime; (b) the Defendant’s age, character and conduct; (c) the background of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparag. 3 (b) (the point of administer, deliver, receive, trade, and deliver phiphonephones), Articles 61 (1) 4 (a) and 3 subparag. 10 (a) of the Act on the Control of Narcotics, etc., Articles 61 (1) 4 and 310 (a) of the Criminal Act, Article 30 of the Criminal Act,
1. Article 35 of the Criminal Act 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 main sentence of Article 67 of the Narcotics Control Act;
1. The proviso to Article 67 of the Narcotics Control Act;