마약류관리에관한법률위반(향정)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
Defendant
B. .
1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment for 8 months and Defendant B: imprisonment for 10 months) is too unreasonable.
2. Determination
A. Determination of Defendant A’s assertion is a favorable condition such as the confession of the instant crime while committing the instant crime, the purchase and the simple medication, the fact that the Defendant had no record of punishment in the Republic of Korea. However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. In light of the fact that the Defendant’s scopical addiction was detected from the Defendant’s hair, it seems that the Defendant’s scopic addiction level is not less than that of the Defendant’s scopicism. The lower court did not appear to have taken into account the favorable condition for the instant crime in light of the Supreme Court’s sentencing guidelines for the instant crime, the scope of the Defendant’s recommendation [basic crimes and concurrent crimes: (b) 1, 2: the administration and medication), the basic crime, and the Defendant’s recommendation for concurrent crimes, etc. after the Defendant’s imprisonment with prison labor for October 2 to 2, and the Defendant’s new motive or change in circumstances after the Defendant’s new sentencing period.
B. In light of the fact that the crime of narcotics is seriously punished and eradicated in light of the narcotic addiction and the harm caused by the administration of narcotics by Defendant B’s assertion, etc., the Defendant’s degree of philophone addiction seems to be somewhat weak in light of the fact that philophones were detected from the Defendant’s hair.