마약류관리에관한법률위반(향정)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (a year and two months of imprisonment, confiscation and collection) is too unhued and unfair.
2. Considering the fact that the crime of this case, which was committed on several occasions, was committed by the Defendant through the sale, receipt, and medication of phiphones, and that the nature of the crime is not good in light of the method and content of the crime, the Defendant, at the Busan District Court’s branch branch branch branch, sentenced the Defendant to a suspended sentence of two years on October 29, 201 for the violation of the Act on the Control of Narcotics, etc. (fluence) and sentenced to a suspended sentence of two years on November 6, 2014, even though the said judgment became final and conclusive on November 6, 2014, the Defendant needs to be held to bear strict liability corresponding to the crime
However, in full view of the following factors: (a) the sentence imposed by the lower court on the Defendant based on the sentencing guidelines according to the sentencing guidelines: (b) the sentence imposed on the Defendant constitutes a violation of the Act on the Control of Narcotics, Etc. by the sale and purchase of phiphonephones and waterway numbers before the enforcement date of May 15, 2015; (c) the Defendant’s statement to the investigative agency on the Defendant; (d) the fact that other prisoners actively prevented them from attempting suicide during the prison life and take relief measures; and (e) the Defendant’s age, character and behavior, environment, motive, means and method of the crime; and (e) various sentencing conditions as shown in the argument of the instant case, including the circumstances after the crime was committed; and (e) the crime of violation of the Act on the Control of Narcotics, etc. by the sale and purchase of phiphones and waterways constitutes a violation of the former Guidelines for the Sentencing Punishment Act (hereinafter “former Guidelines for the Sentencing”), and the scope of imprisonment with prison labor for not more than three years (one year to six years) years).