마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1,100,000 won shall be additionally collected from the defendant.
1. The sentencing of the lower court (one year of imprisonment and additional collection) is too unreasonable.
2. The judgment of the defendant committed the crime of this case even though he had had the past criminal history of criminal punishment including the crime of the same kind, and the defendant committed the crime of this case, and the amount of phiphones handled by the defendant reaches 1g, and the defendant's defense counsel sold phiphones to other persons, which does not constitute the sale of the hemps in return for giving phiphones and receiving the phiphones. However, it is reasonable to view that the sale and purchase of psychotropic drugs, which is referred to in the Narcotics Control Act, is not necessarily limited to the meaning of the sale under the Civil Act, and if it is transferred for consideration, it constitutes the sale of psychotropic drugs, and as long as the consideration for
In light of the circumstances unfavorable to the defendant, the fact that the defendant recognized all the crimes of this case, and there is no record of punishment for narcotics crimes for more than five years after the defendant was punished for the same kind of crime in around 2008, and that the defendant again cooperates in the investigation process, such as informing the investigation agency of the fact that there is a family member to support the crime of this case, and other circumstances, which are the conditions of sentencing specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstance after the crime of this case, the defendant's age, character and conduct, and environment, etc., the sentencing of the court below against the defendant is somewhat inappropriate.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the evidence and facts constituting the offense of the defendant and other evidences recognized by the court.