마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
In 2018, the housing site office of the Suwon District Public Prosecutor's Office, which was seized.
1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.
2. The judgment of narcotics crimes are highly likely to cause serious harm to individuals and society.
In particular, the Defendant has a high possibility of criticism by purchasing, possessing, and administering marijuana as well as by accepting, carrying, and smoking marijuana.
The defendant committed each of the crimes of this case again even though he/she had the same force as twice.
The fact that criminal records of different types of punishment are several times, etc. are disadvantageous to the defendant.
However, all of the crimes of this case are led to the confession and prevention of recurrence.
The Defendant appears to have purchased, received, or displayed narcotics for the purpose of medication or smoking.
The defendant's health is not good due to the inter-scopic scoptymosis and scopic scopic scopic scopic scopic scopic sp
Most of all, in the trial of the party, materials were submitted to the effect that the defendant actively informed the person who traded narcotics to the investigation agency and cooperate in the investigation.
This is the circumstances favorable to the defendant.
Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the lower court’s sentence is too unreasonable.
3. In conclusion, 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 with merit, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense and Article 60 (1) 2 of the same Act;