마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
One divers (Evidence No. 1) that has been seized.
1. The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.
2. The judgment of the defendant has the record of being punished for the same kind of crime several times, and the crime of this case is deemed to have been committed during the repeated crime period, but the defendant was found to have committed the crime of this case, but the defendant was aware of the fact that he was committing the crime of this case, and was making voluntary efforts, such as receiving hospital treatment to treat the addiction of phiphonephones. The crime of this case is about the receipt of phiphones and receiving the phiphones, and there are other circumstances that can be taken into account in the course of the crime of this case, such as administering phiphones according to the active solicitation of the delivery of phiphones, and taking into account the defendant's age, character and behavior, family environment, background and result leading to the crime of this case, circumstances before and after the crime, etc., the punishment of the court below seems to be somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the following decision is rendered after pleading
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (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 with prison labor;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (limited to concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. due to the medication of a scopphone, the most serious criminal)
1. The main sentence of Article 67 of the Narcotics Control Act;
1. The proviso to Article 67 of the Narcotics Control Act;