마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
810,000 won shall be additionally collected from the defendant.
1. The reasoning for appeal (one year and four months of imprisonment) of the lower court is too unreasonable.
2. In light of the following circumstances, the Defendant’s age, sex, environment, motive for committing the crime, circumstances after committing the crime, etc.: (a) considering the fact that the investigation report was submitted by the first instance court to the effect that a number of narcotics crimes were led to cooperation in the investigation of a large number of narcotics crimes, other than those who imported phiphones; (b) had the record of being punished several times for the same crime; (c) again committing each of the instant crimes during the repeated crime period for the same crime; (d) purchase and delivery of phiphones; and (e) distribution of the handled phiphones is not easy; and (e) the fact that the volume of phiphones is not large, the Defendant’s age, sexual behavior, environment, motive for committing the crime, circumstances after committing the crime, etc., the sentence of the lower court is too unreasonable.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is therefore justified, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;