마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Nos. 1 through 5, 7 through 10, of seized evidence.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment, confiscation, additional collection of 805,00 won) is too unreasonable.
2. Determination has the record of being punished nine times for the same crime, and the defendant committed each of the crimes of this case during the repeated crime period for the same crime, and the crime of this case was committed not only by administering phiphones but also by selling and delivering them. However, considering the favorable circumstances such as the confession of all of the crimes of this case and the defendant's cooperation with investigative agencies, the defendant's recommendation type [the punishment of violation of the Act on the Control of Narcotics, etc., by the sale and delivery of phiphones: Sale of phiphones, the punishment of violation of the Act on the Control of Narcotics, etc., by delivery - the recommendation type of basic crimes and concurrent crimes (the aggravated factor - the aggravated factor : the aggravated factor : imprisonment from 1 year and 6 months to 4 years: imprisonment, from 1 year and 6 months to 7 years to 4 months], the age, character and conduct of the defendant, and circumstances after committing the crime of this case, the defendant's assertion that the court below sentenced the punishment is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.
Criminal facts
The summary of the facts charged and the evidence recognized by the court are as stated in the 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)4, Article 4(1), and Article 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the point at which each penphone is delivered and delivered, and the imprisonment is chosen) on criminal facts, and Article 61(1)4, and Article 3 subparag. 10 of the Act on the Control of Narcotics, Etc. (the point at which each marijuana is delivered and possessed, and the choice of imprisonment is chosen) on the basis of the relevant provision on criminal facts and the choice of punishment.