마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
2,101,50 won shall be additionally collected from the defendant.
As the grounds for appeal of this case, the defendant and the prosecutor asserts that the court below's imprisonment (one year and eight months of imprisonment) is too heavy or unhued so that it is unreasonable.
In full view of the various sentencing conditions shown in the records and arguments of this case, including the Defendant’s age, character and behavior, environment, motive and circumstance after the crime, etc., as well as the fact that the Defendant led to the trial of the case, and that his mistake was divided and reflected in the Defendant’s confession of the crime of this case, and that the Defendant was found to cooperate additionally in the investigation in the trial of the case, the lower court’s punishment is too unreasonable.
Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the prosecutor's appeal is without merit, but it is identical to the defendant's appeal and the defendant's appeal is reversed based on the defendant's appeal, the prosecutor's appeal is not dismissed separately,
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60(1)3, and Articles 4(1), and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc., the relevant criminal facts of which are applicable; Articles 60(1)3, and 60(1)4 of the former Act on the Management of Narcotics, Etc. (wholly amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply); Articles 61(1)7 and 4(1) of the former Act
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The proviso to Article 67 of the former Act on the Control of Narcotics, Etc.;