마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
30,000 won shall be additionally collected from the defendant.
1. The sentencing of the lower court (one year and ten months of imprisonment, and two hundred thousand won of additional collection) is deemed to be too unreasonable.
2. In light of the fact that the Defendant had been already punished six times for the same kind of crime before the instant crime was committed, the nature of the Defendant’s crime is not good in that the Defendant committed the same crime again during the period of repeated crime.
I would like to say.
However, in light of the following circumstances: (a) the Defendant made a confession to the part of the delivery of philophones to G that was denied by the lower court when the Defendant was in the trial; (b) the amount and frequency of the philophones handled by the Defendant is not so large; and (c) the motive and circumstance of the instant crime; (d) the circumstances after the instant crime was committed; (e) the Defendant’s age, character and conduct, and environment; and (e) various circumstances, which are the conditions for the sentencing specified in the instant records and arguments, the lower court’s
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment below, and they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Act on the Control of Narcotics, etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 1, 201; hereinafter the same shall apply), Articles 60(1)2, 4(1)1, and 2 Subparag. 3(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 1148, Jul. 8, 2012; hereinafter the same shall apply), and each decision to punish imprisonment.
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Act on the Control of Narcotics, etc. for Collection;