마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two months of imprisonment and additional collection) is too unreasonable.
2. In the case of medication of narcotics, there is a need to strictly punish them as serious crimes undermining the social and national soundness due to their toxicity.
However, the punishment of the court below is somewhat inappropriate in light of all the conditions of sentencing including the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., as well as the fact that the defendant did not repeat the crime for a considerable period after being punished for the same kind of crime, that the defendant was punished for the philopon medication is first, against the fact that the defendant was punished for the philopon medication, against the fact that the denial of the defendant's prior position would lead the defendant.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in each corresponding column of the judgment below, and therefore they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) (Article 60(1) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201); Article 60(1)2, and Article 4(1) and subparagraph 3(b) (Article 4 of the Act on the Control of Narcotics, Etc.) (Article 4 and (5) of the relevant Act on the Management of Narcotics, Etc.; Article 2 Subparag. 4(b) (Article 60(1) of the said Act on the basis of the relevant criminal facts; Article 60(1)2 and Article 4(1) and Article 2 Subparag.
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;
1. The Act on the Management of Narcotics, etc. for Additional Collection;