마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. The Defendant asserts that the punishment imposed by the lower court (one year and two months of imprisonment, additional collection) is too unreasonable.
B. The prosecutor asserts that the above sentence imposed by the court below is too unfilled and unfair.
2. In light of the fact that the judgment of narcotics crime has serious social harm caused by toxicity, and thus, the Defendant has the record of being punished several times due to the same kind of crime, as well as the Defendant committed the instant crime even though he/she had committed a repeated crime due to the same crime, it is inevitable to sentence the Defendant to a sentence.
However, considering the circumstances favorable to the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., the punishment imposed by the court below is unreasonable because of the following: (a) the defendant's mistake and reflects the fact that the defendant actively cooperates in the investigation into theJ that sold the narcotics to him; and (b) the fact that the defendant has a son who should support the defendant alone; and (c) other circumstances that are conditions for sentencing specified in the arguments and records of this case, such as the defendant's age, sex, environment, motive and circumstance of the crime;
3. As the appeal of the defendant is well-grounded, the judgment of the court below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment shall be rendered again as follows after pleading (the prosecutor's appeal shall not be dismissed as long as the judgment of the court below is reversed on the grounds that the appeal of the defendant is well-grounded). [Re-written judgment] The summary of criminal facts and evidence shall be identical to the facts constituting an offense recognized by the court and the summary of evidence thereof, as stated in each corresponding column of the judgment of the court below (Article
1. Control of narcotics, etc. under Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense;