마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven months.
70,000 won shall be additionally collected from the defendant.
1. The gist of the grounds for appeal asserts that the punishment imposed by the lower court (two months of imprisonment and additional collection) is too unreasonable.
2. The crime of this case is determined by the Defendant’s crime of this case: (a) in light of the fact that the Defendant received from E two times the sum of 0.12g and 0.09g 0.21g, psychotropic drugs, from E, without compensation; (b) delivered 0.18g to G three times each time, and delivered 0.06g to G; and (c) administered 0.03g, remaining after being delivered, in a way of drinking, in a way that they had been sentenced to a fine for the same kind of crime; (c) the Defendant committed the crime of this case in another time despite the past record of being sentenced to a fine for the same crime; and (d) the Defendant committed the crime of contributing to the abuse and dissemination of narcotics, such as receiving Meptacopty from others beyond a simple medication, providing it to a third party, etc., a sentence of sentence is inevitable to the Defendant.
However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) the Defendant again cooperates with the arrest of a drug offender while not taking a hand on the site of narcotics; and (c) the relevant materials were submitted at the trial; and (d) the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense; and (e) the circumstances after the offense were committed, the lower court’s punishment is somewhat unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 60 (1) 2, Article 4 (1) and Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;