마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for ten months and for six months, respectively.
except that this judgment.
1. The main points of the grounds for appeal are as follows. Each sentence of the court below against the Defendants (a defendant A: imprisonment with prison labor for 10 months and additional collection, and a imprisonment with prison labor for 6 months and additional collection) is too unreasonable.
2. Determination
A. The crimes related to narcotics, etc. related to Defendant A’s assertion are the circumstances unfavorable to Defendant A, such as: (a) the risk of recidivism is high due to their toxicity, etc.; and (b) the harm and harm inflicted on individuals and society is very high; and (c) Defendant A has the criminal records subject to two times punishment for narcotics crimes.
However, in full view of the favorable circumstances such as the fact that Defendant A was punished as a narcotics crime and the fact that Defendant A did not repeat the crime in the future, and other circumstances, such as Defendant A’s age, character and behavior, environment, health conditions, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment against Defendant A is very heavy. In full view of the following circumstances: (a) Defendant A continuously requested Defendant B to seek the phiphone to receive the phiphone; (b) Defendant A appears to have purchased and received the phiphone for the purpose of acquiring economic benefits; (c) Defendant A did not commit the crime for the purpose of acquiring the above crime; (d) Defendant A was punished as a narcotics crime; and (e) Defendant A did not repeat the crime in the future.
Therefore, Defendant A’s assertion is justified.
B. Prior to the determination of Defendant B’s assertion, there is a need for strict punishment for crimes related to narcotics, etc., and Defendant B committed the instant crime in spite of the fact that he/she was under the suspension of the execution of imprisonment with labor due to a crime of fraud, which was committed during the suspension of the execution of the sentence.
However, the fact that the defendant B is against his mistake, the defendant B received philophones and completed the administration by himself, and the number of crimes is only two times.