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 two months.
Seized evidence 1 to 10 shall be confiscated.
1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and six months of imprisonment, confiscation and collection 2840,000 won) imposed by the court below against the defendant is too unreasonable.
2. The judgment of the court below is justified in light of the following: although the defendant had been already punished by imprisonment with prison labor and a suspended sentence of imprisonment for the same crime as the crime of this case, and since six months have not yet passed since the completion of the execution of imprisonment with prison labor, the defendant committed each of the crimes of this case without being aware of the crime committed during the period of repeated crime; the amount of the penphone handled by the defendant is not large; the number of the penphones administered by the defendant and the frequency of smoking marijuana and the frequency of smoking marijuana are relatively large; however, the defendant's mistake is recognized as a whole, and some of the investigation appears to have been cooperate with the defendant; the defendant's family members want to guide the defendant not to commit any of the crimes again; and the defendant's motive and background leading the crime of this case to each of the crimes of this case, the defendant's age before and after the crime of this case, the defendant's personality and behavior, the defendant's occupation and behavior, and other circumstances revealed in the records.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are as follows: (1) A copy of the protocol of examination of the prosecution of the defendant; and (2) a copy of the protocol of examination of the prosecution of the defendant, in the summary of the evidence.
1. A copy of the police interrogation protocol regarding P is added, and “1. Each protocol of interrogation of suspect to the prosecution against the accused” under the column of 2015 Go-Ma1802 is “1. A protocol of interrogation of suspect to the prosecution against the accused. 1.