마약류관리에관한법률위반(향정)등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
20.20.20.20
1. Scope of the trial of the political party, and a summary of the grounds for appeal;
A. The lower court dismissed each of the charges of violence and intimidation, and convicted the remainder and sentenced to imprisonment.
However, as to the conviction portion of the court below, only the defendant appealed on the ground of unfair sentencing, while the defendant and the prosecutor did not appeal the dismissal portion of the public prosecution, so the scope of this court's judgment is limited to the conviction portion of the court below.
B. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.
2. The judgment below reached approximately 20.81 g, which was delivered by the Defendant, was administered twice, and was threatened by the victim E several times. However, the favorable circumstances, such as the Defendant’s absence of any specific force except for fines, and the Defendant’s violation of one’s mistake, and the Defendant appears to have committed the instant crime in the course of adapting to South Korea society by escaping from North Korea on 2011, and taking into account all the sentencing conditions, such as the sentence imposed against the Defendant, Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the Defendant’s assertion is somewhat unreasonable and unreasonable.
3. In conclusion, the defendant's appeal is with merit, and the part of the judgment below's conviction is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.
Criminal facts
The summary of the facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Criminal facts;