마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Two sources of equipment seized (BD U-100) (No. 1).
1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year and two months of imprisonment, confiscation, and collection 100,000 won) is too unreasonable.
2. In light of the fact that the defendant had the record of having been punished several times for the same kind of crime, the defendant committed the instant crime even though he/she was a repeated crime due to the same crime, and the social harm caused by the drug crime is not significant, it is inevitable to sentence the defendant to a sentence.
However, considering the circumstances favorable to the defendant such as the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below is unreasonable, in full view of the following circumstances: the defendant's mistake and the strong intent of the punishment, the family members support the defendant, and the victim H of the crime of intrusion upon residence do not want the punishment against the defendant.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following decision is rendered again.
[Discied Judgment] Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence are as stated in the corresponding column of the judgment below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Prevention of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc., Article 319 (1) of the Criminal Act concerning the facts constituting an offense;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act shall apply.