마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
17 copies of a disposable divers seized.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.
2. We examine the judgment of the court below. The defendant committed each of the crimes of this case again during the repeated crime period without being aware of the fact that the defendant had already been punished several times due to the crime of the same or similar kind before each of the crimes of this case. Each of the crimes of this case committed by the defendant was committed 4 times of phiphonephone medication and not less than the nature of the crime in light of the circumstance and contents of the crime. However, although the defendant made a statement that he made the entire crime of this case to confession the whole crime of this case and divided his depth of the mistake, it is hard to say that the defendant made a simple statement that he would be able to make the victim's wife. The appellate court paid the money by fraud to the victim'sJ of the crime of this case and agreed that he was the victim's wife. In addition, if the defendant's age, character, intelligence and environment, motive, means and consequence of the crime of this case, results, criminal records, health status, circumstances after the crime, etc. of this case, the defendant's assertion of this case is justified.
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.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the reasoning of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc.) concerning facts constituting an offense, the Criminal Act shall apply;