마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
A certificate of 23.53g of seized philophones (including philophones).
1. The sentence of the lower court (limited to four years of imprisonment, confiscation, additional collection of 1,00,000 won) to the point of the reasons for appeal is too unreasonable.
2. However, in light of the following: (a) the Defendant imported approximately 17.23 gh of phiphones over two occasions; and (b) administered three g of phiphones over three occasions; (c) the import of narcotics, etc. is very significant; (d) the import of narcotics, etc. is likely to cause an offense, such as the sale and purchase of narcotics, administration, etc.; and (e) a crime of another kind arising therefrom; and (e) the amount of phiphones imported by the Defendant is about 17.23 g of phiphones, it is reasonable to impose strict punishment on the Defendant.
However, considering the following facts: (a) the Defendant recognized the instant crime and reflects the Defendant’s mistake in depth; (b) the remainder 14.23g, other than the Defendant 3g administered by the Defendant, among the phiphonephones imported by the Defendant, was seized and distributed to an investigative agency; (c) the Defendant has no record of criminal punishment after entering Korea on December 2, 2010; and (d) the Defendant’s age, career, environment, character and conduct, motive, circumstance, means, method and consequence of the instant crime; and (c) the various sentencing conditions indicated in the argument of the instant case, such as the circumstances after the crime, are somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is delivered after the pleading.
Criminal facts
The summary of the defendant's crime and the summary of evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. The point of importing psychotropic drugs under Articles 58 (1) 6, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for the purpose of criminal facts and the selection of punishment for each crime;