A defendant shall be punished by imprisonment for not less than one year and six months.

The seizure of articles 1 to 9, 16 each.

A. The lower court’s sentence (one year and two months of imprisonment, confiscation, and collection) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflected his mistake.

However, narcotics-related crimes need to be strictly punished not only for themselves but also for themselves due to high toxicity.

On November 30, 2012, the Defendant had been sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon method, nine times the record of the same crime, including being sentenced to two years and six months, and even during the repeated crime period, the Defendant committed the instant crime.

The defendant seems to have been addicted to narcotics because he administered philophones or smoked marijuana over several occasions.

There are few transfers of philophones, etc. administered or possessed by the defendant.

In full view of such circumstances and other factors as Defendant’s age, sex, environment, family relationship, motive and background of the crime, circumstances after the crime, etc., and the scope of recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing committee, etc., the sentence imposed by the lower court is deemed unfair because it is too unfasible.

3. As such, the prosecutor’s appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is again decided as follows after pleading (Provided, That there is no ground for appeal by the defendant, but the prosecutor’s appeal is accepted, and the judgment of the court below is reversed, and the judgment of the court below is reversed, and the decision to dismiss the appeal is not rendered separately from the disposition of the court below). The summary of criminal facts and evidence acknowledged by the court is identical to the corresponding column of the judgment of the court below

Application of Statutes

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