마약류관리에관한법률위반(향정)등
The judgment below
We reverse the part concerning collection among the penalty surcharges.
598,560 won shall be additionally collected from the defendant.
The judgment below
(2).
1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the defendant ex officio, according to the evidence duly adopted and examined by the court below, the part of the penphone administered by the defendant under Paragraph (3) of the criminal facts stated in the judgment of the court below was received as part of the penphone as requested by Paragraph (1). Since marijuana smoked under Paragraph (4) of the judgment of the court below is part of the marijuana received under Paragraph 2-A, it was collected separately even if it is not collected separately from the part of the penphone referral and marijuana received, and it was collected as additional collection even though it should not be collected separately from the part of the bodyphone referral and marijuana received. Thus, the court below erred by misunderstanding the facts concerning the calculation of the amount of additional collection and affected the judgment, and therefore, the part concerning the additional collection among the judgment of the court below cannot be maintained.
B. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive and frequency of the crime, method of the crime, frequency of the crime, circumstances after the crime, the circumstance where the Defendant was committed, etc., and the need for isolation from the society for a certain period of time, considering the following: (a) the lower court’s punishment is too unreasonable in light of the overall sentencing conditions: (b) the fact that the Defendant is deemed to have been subject to a suspended sentence twice for the same crime; (c) the fact that the number of phiphones handled was not large; and (d) the distribution of phiphones by arranging the purchase and sale of phiphones or delivering marijuana, etc.; and (d) the fact that the nature of the crime is not good.
3. In conclusion, the part concerning additional collection among the judgment of the court below is reversed, and the part concerning additional collection among the judgment of the court below under Article 364 (2) of the Criminal Procedure Act is reversed, and Article 67 of the Narcotics Control Act is applicable.