마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
Seized evidence 6 or 7 shall be confiscated.
1. The summary of the grounds for appeal (two years of imprisonment, confiscation, and collection) of the lower court is too unreasonable.
2. The judgment defendant not only had the record of having been sentenced to imprisonment with prison labor for the same crime but also committed each of the crimes in this case during the period of repeated crime.
However, for the first time, the defendant made confession of all of the crimes of this case, and led to a strong challenge not only to the will of sincere support to family members including five children, but also to the will of the short-term care.
In addition, the amount of the Metepics handled by the Defendant in each of the crimes in this case (so-called "so-called philopon"; hereinafter referred to as "philopon").
In addition, when comprehensively considering the conditions of sentencing, such as the character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. as shown in the argument of the court below and the party deliberation, the sentence of the court below is deemed to be too unreasonable.
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.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are all the same as the entries of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
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 facts constituting an offense, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;
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. Scope of applicable sentences under law: One to thirty years of imprisonment;
2. The sentencing criteria shall be based on; and