마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
80,000 won shall be additionally collected from the defendant.
3.2
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months and 800,000 won for collection) imposed by the lower court is too unreasonable.
2. In determining narcotics-related crimes, it is not easy to detect them due to their characteristics, and the risk of recidivism is high, as well as negative impacts on society as a whole due to declimatic toxicity, etc., so it is necessary to strictly punish them.
The Defendant has been sentenced to criminal punishment on the nine occasions (three times of suspended execution, and six times of fine). Among them, one time of suspended execution is the same as that of each of the instant crimes, and the attempted purchase and the crime committed among the instant crimes was committed during the period of suspended execution.
The Defendant purchased a philophone, administered a philophone, attempted to purchase a philophone, and attempted to purchase a philophone, and it cannot be viewed that the responsibility for the crime is very heavy.
The defendant seems to have purchased or attempted to purchase philophones for medication.
Around October 25, 2018, the Defendant suffered from cages, such as cages cages, dulls, dulls, and duness, etc. due to traffic accidents, and received hospitalized treatment and pain treatment for a considerable period of time. In order to be forgotten for diving, the Defendant seems to have administered cagephones on January 4, 2019, and there are some some aspects of consideration in its circumstances.
The Defendant appears not only to cooperate in the investigation but also to repent of his mistake by recognizing all of the crimes in this case.
It seems that the health and economic conditions of the defendant are not good.
Defendant has family members to be supported.
In addition, considering the defendant's career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and result of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is somewhat unreasonable.
Therefore, the defendant's above assertion is justified.
3. The appeal by the defendant is justified.