마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
50,000 won shall be additionally collected from the defendant.
3.2
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.
2. The judgment of narcotics harms the society and the state’s soundness due to their toxicity, so it is highly necessary to reduce the crimes related to narcotics. Each of the crimes in this case is that the Defendant purchased and administered several penphones, and the responsibility for the crime is grave, and the Defendant committed each of the crimes in this case even though he was sentenced to suspended execution due to the same kind of crime.
However, the defendant reflects his mistake in depth, and there has been no past history of punishment until now, and the defendant will live a new life by cultivating the family with his wife who has been married recently.
Along with the fact that the defendant's family and branch members want to take into account various factors, such as age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the Supreme Court's sentencing guidelines for each of the crimes of this case: Class 1, 2, and 3 (b) including the group of narcotics crimes, the group of narcotics crimes, the group of special sentencing factors (no special sentencing factors) and the scope of the recommended sentence (no basic area), the scope of the recommended sentence (no basic area) and the result of multiple criminal treatment: October through March, 3, and August, etc., it is recognized that the sentence of the court below is somewhat unreasonable.
3. As the defendant's appeal has merit, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the corresponding columns of the original judgment.
In accordance with Article 369 of the Criminal Procedure Act, they are quoted as it is.
Application of Statutes
1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected, respectively;