마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
No. 1 of the seized evidence shall be charged to the defendant.
1. The decision of the court below on the summary of the grounds for appeal (a prison term of one year and six months, an additional collection of 100,000 won, confiscation) is too unreasonable.
2. The judgment is an unfavorable circumstance, such as the fact that the Defendant, who was engaged in narcotics, obstructed the victim’s convenience store business and used the assault against the police officer who performed official duties, and the Defendant appears not to be contrary to his mistake.
However, in light of the following circumstances: (a) the Defendant led to the instant crime; (b) there was no other previous conviction except for the Defendant who was sentenced to a fine before and once a sentence; and (c) the frequency of medication appears to have grown in a difficult family environment at one time; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, criminal records, motive and means of the offense; (b) family relationship; (c) degree of damage; and (d) the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is judged as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Articles 314 (1) and 313 of the Criminal Act, and Article 136 (1) of the Criminal Act concerning criminal facts;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutual Crimes of Obstruction of Performance of Official Duties);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
1. Article 67 of the Narcotics Control Act;