마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1.2.2.2 1.2 1.2 1.2 2.2 2.2 1.2.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment-related crimes involving narcotics are not easy to detect in their characteristics, and they may cause harm to the health of the people or cause other crimes, and thus, are socially dangerous. Although the Defendant already committed the instant crimes even though there are two times the history of punishment for narcotics-related crimes, the Defendant again committed the instant crimes, and the number of times and quantities of the Defendant administered phiphones are not large.
However, the Defendant recognized his crime from the investigation stage to provide information, such as the personal information of the seller of phiphones, in cooperation with the investigation, and the Defendant appears to have no intention to distribute that phiphones were purchased to directly administer phiphones. The Defendant would not be able to be able to be able to take a hand against the instant crime, while reflecting the depth of the instant crime.
In full view of the circumstances, such as the fact that the defendant has been living, there is a change in the name of the defendant
I seem to appear.
In full view of such circumstances as well as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, various sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the description in the corresponding column of the judgment below, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act, in addition to the correction of the second 19 of the judgment of the court below as a "defendant".
Application of Statutes
1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected, respectively;