마약류관리에관한법률위반(향정)
The judgment below
The part of the forfeiture shall be reversed.
Nos. 1, 4 of the 2017 High Order 562 case, seized by the Defendant.
1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (a punishment of imprisonment with prison labor for a period of two years and eight months, confiscation and collection) is too heavy.
2. Determination
A. 1) The Defendant asserts that the sentencing should be taken into consideration in determining the grounds for appeal by the Defendant.
2) First, we examine the Defendant’s cooperation on narcotics investigation in the year 2013.
On October 2013, the Jinju Police Station's inquiry reply was sent to the fact that the defendant informed that he could arrest the I who is a narcotics offender.
However, it seems that the Defendant has already been reflected in the lower court’s sentencing determination (see, e.g., the trial record 23 pages). Even if it was not reflected in the lower court’s sentencing determination, according to the evidence duly adopted and examined by the lower court, the following circumstances are acknowledged: (a) the Defendant was forced to cooperate in the investigation and to attend the investigation on the 2017 Highest order 1616 case; and (b) the Defendant committed multiple phiphone medication, possession, communication, and sales as indicated in the lower judgment; and (c) the fact that the Defendant cooperates in the investigation on around October 2013 does not constitute a situation to the extent that the lower court changed the sentencing judgment.
3) Next, we look at the cooperation of the defendant on narcotics investigation in 2017.
In the trial of the party, the inquiry of the facts by the Gyeongnam-do National Police Agency on the cooperation of the defendant's narcotics investigation was received.
Examining the specific contents, the informant reported AF and AG as a drug offender in relation to the defendant's cooperation in investigation, and the above two persons were arrested.
The two persons arrested as spons, the arrest of the defendant (as of January 13, 2017) and the arrest of the defendant at the highest order of 562 cases: January 26, 2017; the highest order of 1616, the highest order of 2017: March 28, 2017; the highest order of 2258 cases: April 28, 2017; the highest order of 2017: the highest order of 2769 cases: May 31, 2017;