마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and three months.
30,000 won shall be additionally collected from the defendant.
1. The sentence imposed by the lower court (one year and six months of imprisonment, additional collection of KRW 300,000) is too unreasonable in light of the gist of the grounds for appeal.
2. The fact that the defendant was sentenced to punishment one time, two times of suspension of execution, and one time of fine for the same drug crime, and that the defendant committed the crime of this case during the period of repeated crime for the same kind of crime, etc. are disadvantageous to the sentencing.
However, the fact that the defendant acknowledges and reflects the crime, and that "the arrest of the defendant as a result of the arrest of the multiple medications in cooperation with the active investigation of the defendant" was submitted by the public official in the investigation. Considering the balance between both the punishment of the same kind of case and the punishment of the related accomplices, and other circumstances that include the defendant's age, sex, sex, environment, motive, means and consequence of the crime, the punishment sentenced by the court below 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.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. The proviso to Article 67 of the Narcotics Control Act;