마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (exemption from punishment, additional collection of KRW 1,348,00) is too unhued and unreasonable.
2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area of the first instance court regarding the determination of sentencing, and in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant had been punished several times for the same crime, he/she again committed the instant crime during the period of repeated crime even though he/she had the record of being punished several times for the same crime.
The crime of this case is not suitable for the defendant to deliver a phiphone to two female minors and to administer it together with others.
However, the crime of this case is in a concurrent relationship under the latter part of Article 37 of the Criminal Act with the crime of violation of the Act on Special Cases concerning the Prevention of Illegal Trading in Narcotics, etc., which became final and conclusive on January 16, 2020, and is therefore subject to a concurrent judgment under Article 39
In the above final and conclusive judgment, the Defendant was sentenced to 10 years of imprisonment, and the facts constituting the crime are as follows: (a) from March 1, 2018 to October 9 of the same year, the Defendant engaged in the trade of philophones; (b) advertisement of philophones; (c) provision of philophones; (d) provision of philophones; (c) possession of philophones; and (c) possession
Among them, since the philophone medication was administered three times on October 2018, it is highly close to the instant crime at very time. Moreover, since the remaining crimes other than the philophone medication are considerably more illegal than the instant crime, it does not seem that the final sentence significantly changes even if it was judged simultaneously with the instant crime.
In addition, the sentencing conditions, such as the age, character and conduct, environment, motive, and result of the crime, as shown in the arguments of the court below and the political party.