마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
A certificate of 3.3174g of seized white dust (philopon).
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., there is a need to strictly punish and eradicate narcotics crimes; the Defendant has the record of criminal punishment for marijuana-related crimes three times; the Defendant’s quantity of penphonephones in possession of the Defendant under delivery from E without compensation exceeds 3g; and the result of her hair test shows that, in light of the reaction, the Defendant’s crophone addiction degree seems not to be less than that of the Defendant’s crophone addiction; on the other hand, the Defendant led to the Defendant’s confession of all of the instant crimes during the trial, and did not commit the same crime for more than 10 years after the Defendant was punished for marijuana-related narcotics crimes; the Defendant was first punished for crophone-related narcotics-related crimes; the fact that most of the phonephones dealt with by the Defendant were seized and distributed without additional circulation; the Defendant’s Sentencing test guidelines for the sale and purchase of the instant drug-related crimes are deemed to be less than that of the Defendant’s wife; and the Defendant’s basic sentencing guidelines for the instant punishment for the instant type of crimes.
Recommendations for basic crimes (basic areas): Imprisonment with prison labor for a period of one to two years, 1, and 2: 3 types of medication, simple possession, of a group of narcotics crimes (fab).
In consideration of the name, medication and possession), the first and second concurrent crimes recommended (basic areas): 10 months to 2 years of imprisonment, and the scope of the final recommended punishment following the aggravation of multiple crimes: Imprisonment with prison labor for a period of one year to 3 years; and 1 year to 8 months); and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstances after the crime, etc., the sentence of the court below is somewhat inappropriate.
3. In conclusion, the defendant's appeal is reasonable and therefore Article 364 (6) of the Criminal Procedure Act is applicable.