마약류관리에관한법률위반(향정)
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
No. 1 of the seized evidence.
1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.
2. The crime of this case is a situation unfavorable to the Defendant, where the Defendant jointly purchased a phiphone and administered part of a phiphone, or received and possessed a phiphone, and it is not good to the nature of the crime, and the Defendant was sentenced to suspension of the execution of the same crime and a fine.
However, there are extenuating circumstances such as the fact that the defendant repents and reflects his mistake, and cooperates with the investigation of the narcotics offender.
In this context, the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court is from August to September 1: Narcotics Crime Group, Trade, Type 2 (f) (f) of the Act, the area of mitigation, the area of mitigation, and the scope of the recommended punishment (limited to August to June 1), 2 and 3 of the Act: Narcotics Crimes group, the range of simple possession of medication, Type 3 (f) of the Act (important investigation cooperation), the area of mitigation, the area of mitigation, the scope of recommended punishment (limited to June to June 2), the range of punishment (limited to 6-1 and 9 months of imprisonment), and other various sentencing conditions such as Defendant’s age, character and conduct, environment, crime, motive and consequence, and conditions of punishment before and after the crime.
3. The lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the Defendant’s appeal is based on its reasoning, and the judgment is rendered again as follows.
Criminal facts
The summary of facts constituting an offense and evidence recognized by this court shall be as shown in the respective columns of the judgment below.
Article 369 of the Criminal Procedure Act is quoted as it is.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes;
Title, Article 30 of the Criminal Act (the point of psychotropic drug purchase, the choice of imprisonment), Article 60(1)2 and Article 4(1)1 of the Act, and Article 2 subparag. 3(b) of the Act concerning the Control of Narcotics.