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.
The office of the Gwangju District Prosecutors' Office, which has been seized, shall be the branch office.
1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The judgment is that the defendant has been punished twice for the same crime (one suspended sentence and one suspended sentence) and that the defendant has been punished twice for the same crime and that the defendant's penphone medication has many number of times during the period of repeated crimes of the same kind is disadvantageous to the defendant.
However, if considering the defendant's age, sex, environment, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment is too excessive and unfair, so the defendant's assertion is justified. The defendant's assertion is justified. The defendant's assertion is justified. The defendant's assertion is justified. It is so decided as per Disposition by the assent of all participating Justices, except as otherwise alleged in the ground of appeal.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are identical to the corresponding columns 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (i.e., KRW 800,000 for philophones administered (i.e., KRW 100,00 for 8 times x 8 times highest 788) and the value of philophones administered (No. 2017 highest 10,000 won) = 1.1 million won);
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;