마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and two months.
300,000 won shall be additionally collected from the defendant.
1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s sentence is too unreasonable;
2. The judged narcotics-related crimes are detrimental to the health of the people and have a significant negative impact on society as a whole due to their cryptability, toxicity, etc.
The defendant has been punished twice for the same crime (the fine of 1996, the imprisonment of 2015) and again committed the crime of this case during the period of repeated crime.
However, the defendant is against all of the crimes of this case, and the contents of the crime are also limited to simple medication.
In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.
The defendant's assertion of unfair sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be ruled as follows
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The scope of punishment by law: One month to thirty years;
2. Scope of recommended sentences according to the sentencing criteria;
A. Violation of the Act on the Control of Narcotics, Etc. (Determination of Pronouncement), 01. Medication, simple possession, etc.