마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and three months.
The seized evidence1 to 12 shall be confiscated.
1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, confiscation, and collection KRW 400,000) is too unreasonable.
2. The judgment has the record of being punished several times for the same crime, and the defendant committed each of the crimes of this case during the repeated crime period for the same crime, and the defendant purchased phiphones and delivered phiphones to other persons as well as is not suitable for the quality of the crime. However, there are unfavorable circumstances such as the defendant's confession of each of the crimes of this case, the favorable circumstances that the defendant reflects the mistake, the scope of the recommended punishment based on the guidelines for sentencing narcotics of the Supreme Court [basic crimes: Violation of the Act on the Control of Narcotics, etc. (in the course of sale and delivery of phiphones: Violation of the Act on the Control of Narcotics, etc. due to the administration and possession of phiphones: Violation of the Act on the Aggravated Control of Narcotics, etc. due to the administration and possession of phiphones: Imprisonment for 1 year and 6 years, 1 year to 4 years, 3 years to 3 years, 1 year to 6 years, 1 year to 7 years, 1 year to 7 years, and other conditions of punishment, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the criminal facts and evidence against the defendant recognized by the court is identical to the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act among repeated crimes: