마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
30,000 won shall be additionally collected from the defendant.
1. The sentence imposed by the lower court (five years of imprisonment, additional collection 300,00 won) is too unreasonable.
2. The Defendant committed each of the instant narcotics crimes, even though he had been punished for imprisonment five times for the crime of narcotics, and each of the instant fraud crimes is not good in light of the applicable criminal law, and is a large amount of damage up to 175 million won, and the damage was almost not recovered (as to the 2015 Highest 1829 Highest 2015 Highest 1829, the Defendant repaid 10 million won for each of the instant crimes (as to the 2015 Highest 1829 Highest 200, the Defendant repaid 2015 Highest 48.50
However, according to the records, the defendant, from August 16, 2012 to December 20, 2012, 2015, 2015, 182, 2015, 200,000,000 won, 200,000 won, 200,000 won, 2015, 4850, 2012, 200,000 won, can be recognized to be returned to the victim AA who was detained on December 20, 2012), and the defendant, who was subject to a decision to suspend the execution of detention by deceiving the court in an intelligent and secret manner through parents who were detained and under trial, has escaped. Such crime causes waste of public power by impeding the affairs of the national judicial institution, and also has significant social harm and injury to the people's trust in criminal procedure, and thus, there is a need to punish the defendant strictly.
On the other hand, however, the defendant's confessions all of the crimes of this case after re-detained, the defendant's friendship or K, who had the defendant escape according to the defendant's death, was sentenced to imprisonment for one year and six months, and the judgment becomes final and conclusive. The defendant informed other cases of narcotics, etc. and actively cooperates in the investigation, equity in sentencing with the same and similar cases of the same kind, the defendant's age, sex behavior, environment, motive and circumstance leading to the crime of this case, means and consequence, etc., and the records and changes of this case are revealed.