마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.
2. In the case of the judgment-related crime of narcotics, etc., the responsibility of the defendant who sold or attempted the sale of psychotropic drugs is not easy in that it is highly likely to have a serious adverse impact on society as a whole, such as not only makes the body and mind of an individual be deprived of due to their hallculation, toxicity, radio wave, etc., but also harm the health and social safety of the people, and is likely to cause the relevant crime;
These circumstances are disadvantageous to the defendant.
However, on December 9, 2016, the Daejeon High Court sentenced the Defendant to four years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) and rendered a final judgment on February 10, 2017. The above final judgment crime was committed from March 11, 2015 to the same year.
8. During the period of July, 2015, the psychotropic drug “ABA” sold KRW 66g 33 times in total, KRW 13.2 million. The instant crime was committed on October 8, 2015 by selling KRW 8g of “ABAC” at KRW 1,000,000 and attempted to sell and attempted to sell “ABC” in November 8, 2015. The two crimes are all the subject to the Defendant’s act of selling or attempted to sell “ABC” in 2015. At the time of the investigation into the final criminal facts of the instant judgment, it is deemed that the investigation was already underway or could have been conducted, and it is necessary to consider equity and equity with the case where the Defendant was tried at the same time as the previous judgment became final and conclusive.
In addition, the fact that the defendant acknowledges his mistake and reflects it, and the fact that the defendant has no record of being punished for the crime related to narcotics except for the previous convictions which are ex post concurrent crimes with the judgment of the defendant is favorable to the defendant.
In addition to these circumstances, the defendant's age, character, character and environment;