마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and six months.
30,000 won from the defendant.
1. The lower court’s punishment (two years of imprisonment, additional collection 330,000 won) on the summary of the grounds of appeal is too unreasonable.
2. The Defendant committed each of the instant crimes during the period of repeated crime resulting from the same crime.
It is necessary to strictly punish narcotics-related crimes due to the social malicious behavior.
This is disadvantageous to the defendant.
However, the defendant recognized the crime of this case and is against the law.
The amount of philophones used for each of the crimes of this case is approximately 0.6g in total, and the defendant is not more than 0.3g in each of the crimes.
This is the circumstances favorable to the defendant.
These circumstances and the fact that the sentencing guidelines set by the Supreme Court's sentencing committee are possession of clickphones: one year to three years (special aggravated factors: the same kind of criminal records) as they fall under the aggravated area among the types of three types such as medication and simple possession.
The point of philophone medication: The point of possession of philophones: One year to three years (special aggravated factors: previous convictions) as it falls under the aggravated area among the three types of medication, simple possession, etc. (b).
The scope of final sentence due to the aggravation of multiple offenses: In full view of various circumstances that form the conditions for sentencing as shown in the records and arguments in the instant case, such as one year to four years, the Defendant’s age, environment, sexual conduct, motive for committing a crime, and the circumstances before and after committing a crime, the lower court’s punishment is too 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 with merit, and the judgment below is ruled again after pleading as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. as well as the Selection of Punishment for Crimes;