마약류관리에관한법률위반(향정)
The judgment below
The part concerning confiscation shall be reversed.
Three injections seized from the defendant (Evidence.....)
1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of six months, confiscation, collection 1 million won) is too unreasonable.
2. Determination
A. In the event that any seized article remains or any seized article is already discarded pursuant to Articles 130(2), 130(3), and 219 of the Criminal Procedure Act at the time the judgment ex officio is rendered, the court may not render a sentence for forfeiture of such article (see, e.g., Supreme Court Decisions 2012Do4182, Jun. 14, 2012; 2009Do6982, Jan. 28, 2010; 2010Do3420, Jul. 15, 2010). According to the records, the court below’s judgment that ordered forfeiture can be recognized that all of the tests previously been consumed prior to the judgment of the court below. Thus, the court below erred by misapprehending the legal principles on forfeiture, which affected the conclusion of the judgment.
B. The fact that the defendant recognized the instant crime and reflected in the judgment on the grounds of appeal is favorable to the sentencing.
However, in light of the following: (a) the Defendant’s scopon medication, receipt, and purchase volume of scopon, the Defendant’s punishment once a suspended sentence is imposed for the same crime; (b) the Defendant has a history of criminal punishment once a suspended sentence; and (c) narcotics-related crimes are highly malicious in society and the risk of recidivism; and (d) there are no special circumstances to change the sentence of the lower court in the first instance; and (b) the Defendant’s age, sex behavior, criminal record, motive and means of the crime; and (c) all of the sentencing conditions such as the circumstances before and after the crime, it cannot be deemed unfair because the lower court’s punishment is too excessive.
3. As such, the part of the judgment of the court below concerning confiscation is reversed ex officio as seen earlier, and pursuant to Article 364(2) of the Criminal Procedure Act, the part concerning confiscation among the judgment of the court below is reversed, and three vacant injections (Evidence No. 2) confiscated pursuant to the former part of Article 67 of the Act on the Control of Narcotics, Etc. shall be confiscated, and the remaining part of the judgment of the court below except for the part concerning confiscation.