마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
4(No. 3) of a single dives seized.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of one year and six months, confiscation and surcharge of 3.1 million won) is too unreasonable.
2. The crime of this case committed by the Defendant is found to be disadvantageous to the Defendant, in light of the frequency, content, method, etc. of the crime by administering, carrying, selling, etc. of phiphonephones. The crime of this case is highly likely to have social harm and the quantity of phiphonephones sold and distributed during the trial. The crime of this case committed each of the crimes listed in paragraphs 1, 2, and 3 of the Criminal Act during the suspended execution period due to the crime of this kind, and the crime of this case was committed during the suspended execution period of the sentence of this crime, which was sentenced to the suspension of indictment for committing violent crimes in around 2010 and was charged for committing a non-prosecution disposition on the grounds that the crime was committed under suspicion of narcotics, etc. around 2014.
However, in full view of the following circumstances: (a) the Defendant made a confession of the instant crime and made a statement that his mistake is divided in depth; (b) there is no reason to take into account the background of the instant crime; (c) narcotics, etc. held by the Defendant at the time of arrest have been seized and not distributed at the time; and (d) the Defendant’s family members and his family members have led the Defendant; and (c) the Defendant’s age, character and behavior, character, intelligence and environment; (d) the Defendant’s motive and background, means and consequence of the instant crime, criminal records, circumstances after the instant crime, family relations, health conditions, etc. as indicated in the argument of the instant case; and (e) taking into account various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment as indicated in the argument of the instant case; and (e) the Defendant’s motive and background, means and consequence of the instant crime, criminal records, family relations, and health conditions, it is unreasonable to
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 without merit.