마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
One divers (Evidence No. 1) that has been seized.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the defendant not only has the record of being punished twice for the same crime (one-time punishment, one-time fine) but also has the record of being punished for the same crime (one-time punishment, one-time fine), and the quality of the crime is not less than that of the crime in this case during the period of repeated crime; the defendant's hair detection was detected in the defendant's hair; the defendant's fingerphones are issued or arranged to trade the other person's penphones; the defendant has several records of punishment for the crime in this paper; however, the defendant is accused of committing the crime in this case in cooperation with the investigation into D; the defendant's age, character and conduct, environment, motive, means and consequence leading to the crime in this case; and all of the sentencing conditions in the records and arguments in this case, such as the circumstances after the crime, are inappropriate.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 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;
2. Article 35 of the Criminal Act among repeated crimes;
3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and
4. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
5. The proviso to Article 67 of the Narcotics Control Act.