마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
10,000 won shall be additionally collected from the defendant.
Summary of Grounds for Appeal
The sentencing of the lower court (one year and two months of imprisonment, and additional collection) is too unreasonable.
Judgment
In light of the circumstances that the Defendant committed the instant crime while being sentenced to imprisonment for 10 months due to the same kind of crime, including the past that the Defendant had been punished eight times for the same crime, and in particular, even though he was sentenced to imprisonment for 6 months due to the same crime, the Defendant committed the instant crime, or it is hard to say that the Defendant committed the instant crime by committing the instant crime in proportion to his depth. The instant crime is merely a single simple medication; the Defendant’s live-in partner who reported the Defendant to an investigation agency is able to lead the Defendant while wanting to be her wife; and other various circumstances, such as the equity of sentencing with the same similar case; the motive and background of the instant crime; the circumstances after the instant crime; the Defendant’s age; the Defendant’s personality and behavior; and the records and arguments, etc., are considered to be somewhat unreasonable.
Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged as follows.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the choice of imprisonment, and the choice of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. The proviso to Article 67 of the Narcotics Control Act;