마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. The fact that the Defendant’s judgment did not have a few times of medication, and the fact that the instant crime was committed during the suspension of execution due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents is disadvantageous.
However, in light of the favorable circumstances, such as the fact that the Defendant has committed a crime in the past and in the past, and that the Defendant has no record of being punished as a drug crime, and that there is a strong intention to cut off, and other favorable circumstances, such as the Defendant’s age, occupation, environment, etc., the sentence imposed by the lower court is unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (in cases of criminal facts under paragraph (2) of the same Article, Article 30 of the Criminal Act is added) concerning criminal facts and the choice of imprisonment, respectively;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);
1. The proviso to Article 67 of the Narcotics Control Act;
1. The reasons for the sentencing of Article 62-2 of the Criminal Act for the observation of protection and observation shall be determined as per Disposition in consideration of the above circumstances.