마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant purchased phiphonephones and administered them, and there is a need to strictly punish narcotics in consideration of harm and injury inflicted on society, and the defendant committed the crime of this case in the period of repeated crime even though he had been sentenced several times of punishment for the same crime, despite the fact that he committed the crime
However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the purchase and medication of the instant penphones are only one time and the volume of narcotics handled by the Defendant is not much; and (c) other circumstances that form the conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the instant crime, means and consequence; and (d) the punishment imposed by the lower court is somewhat unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted 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 the relevant criminal facts and the Selection of Punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment determined for a violation of the Narcotics Control Act due to the medication of heavy silphones);
1. The proviso to Article 67 of the Narcotics Control Act;