마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
The seized evidence1 to 5 shall be confiscated.
1. The sentence imposed by the court below (one year and ten months of imprisonment) is too unreasonable.
2. In light of the addiction of narcotics and the harm caused by administration of narcotics, etc., the punishment imposed by the court below is inappropriate in light of the following circumstances: (a) there is a need to strictly punish and eradicate narcotics-related crimes; (b) the amount of phiphonephones and marijuana in possession is considerable; (c) the person who has been sentenced two times to imprisonment with prison labor for the same kind of crime; and (d) the person who has been sentenced several times of criminal punishment for a double-class crime; (b) however, there is a favorable circumstance in which the defendant led to the confession of the instant crime; (c) phiphones and marijuanas in possession are seized to investigation agencies; and (d) other favorable conditions of punishment as shown in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (d) the circumstances after
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is 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. Imprisonment with prison labor for the relevant Article of the Act on the Control of Narcotics, etc. and for the selection of a punishment, respectively, under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the possession, medication, and administration of penphones), Articles 61 (1) 4 (b) and 3 subparagraph 10 (b) (the occupation of holding marijuana) of the Act on the Control of Narcotics, etc., and for the selection of
2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
3. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;
4. The order is given in consideration of the sentencing conditions as seen earlier prior to the reasons for sentencing under the proviso of Article 67 of the Narcotics Control Act.