마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
provided, however, that the sentence shall be imposed for two years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.
2. In light of the fact that the Defendant’s administration of narcotics is not 0.1g of the quantity of the Metepia, and that there is a need to strictly punish and eradicate the administration of narcotics in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., etc., which are disadvantageous to the Defendant.
However, considering the fact that the defendant led to the crime of this case, the defendant appears to repent his mistake, the number of times the defendant administered the Meptamine is only one time, the defendant has no same criminal record, the defendant is detained for about 2 months in this case, and the defendant seems to have an opportunity to reflect his mistake, and other various factors that are conditions for sentencing, such as the defendant's age, character and behavior, motive for the crime of this case, and circumstances after the crime, the sentence of imprisonment is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the Establishment of Relevant Acts and the elective Punishment for Crimes;
1. Article 62 (1) of the Criminal Act on the suspension of execution (i.e., circumstances favorable to the defendant among the grounds for reversal in the front);
1. Social service order under Article 62-2 of the Criminal Act;
1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;