마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
10,000 won shall be additionally collected from the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year and six months of imprisonment, and additional collection KRW 100,000) is too unreasonable.
2. In light of the toxicity of narcotics and the harmful effects of medication, the crime of narcotics requires strict punishment and eradication. The Defendant was sentenced to ten months of imprisonment for a narcotics crime on November 17, 2015, and on September 15, 2016, committed the crime of this case during the period of repeated crime without being aware of the fact that the Defendant committed the crime of this case during the period of repeated crime, and that the Defendant’s same criminal history reaches at least ten times.
On the other hand, the fact that the defendant recognized the crime of this case and reflected his mistake (the defendant withdrawn his argument that the emergency arrest process of the defendant was illegal in the trial) is more favorable, such as the fact that the defendant was administered, the fact that the defendant was involved in the administration once, and the defendant did not repeat the crime of this case.
In full view of the above circumstances and all of the factors of sentencing as shown in the arguments in this case, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and result of a crime, etc., the sentence imposed by the lower court is too unreasonable.
3. As a result, the appeal by the defendant is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. Matters concerning the management of narcotics in addition to collection;