마약류관리에관한법률위반(향정)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
seizure.
1. The decision of the court below (a year and April, confiscation and collection) on the summary of the reasons for appeal is too unreasonable.
2. The crime related to narcotics, etc., which is judged on the grounds of appeal, requires strict punishment since it is highly likely that the crime is detrimental to the society and the risk of repeating a crime, and the speculative act using game water also requires strict punishment as a serious crime that causes serious social harm, such as encouraging the speculative spirit of the people and undermining their sound labor awareness. The Defendant is disadvantageous to the Defendant that there was a history of having been sentenced one time to suspend the execution of a crime related to narcotics and one time to imprisonment.
On the other hand, as a result of the Defendant’s confession of all crimes, and actively cooperating with the investigation agency’s narcotics investigation, the submission of a factual inquiry reply letter by the investigation agency with the purport that the Defendant has been aiding the tracking of the narcotics offender in the original trial, other than the submission of a factual inquiry letter by the investigation agency, the submission of a factual inquiry letter by the investigation agency with the purport that the Defendant has been informed of another narcotics offender in the first trial, can be considered as favorable circumstances.
In addition, comprehensively taking account of the Defendant’s age, sex, environment, and circumstances after the crime, various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is somewhat inappropriate, and thus, the Defendant’s assertion is reasonable.
3. Ex officio determination on the amount of collection
A. On June 7, 2016, the lower court calculated a surcharge of KRW 400,00 on the following grounds: (a) each crime committed on June 7, 2016 (applicable to subparagraphs 1-A, (b), and 2-A as indicated in the lower judgment) and each crime of KRW 05:00 on June 13, 2016 (applicable to paragraph 3-A as indicated in the lower judgment) by the Defendant’s purchase of KRW 400,000 on a penphone from “G” on June 7, 2016; and (b) a surcharge of KRW 120,000,000,000,000,000 (the market price corresponding to subparagraph 2-2(b) as indicated in the lower judgment); and (c) a surcharge of KRW 30,000,000,000,000,000.