마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.
2. However, there are extenuating circumstances against the defendant, such as the defendant's twice a fine for a violation of the Act on the Control of Narcotics, etc., one-time a fine for a crime related to violence, two-time a suspended execution, and the amount of damage caused by the damage is about five million won, which are disadvantageous to the defendant.
However, in light of the following circumstances, it is determined by the court below to have determined that granting more opportunity once more than the defendant's sentence is an effective measure to prevent recidivism, taking into account the following circumstances: (a) the defendant has agreed to commit the crime; (b) there has been no criminal history of more than ten years since he was sentenced to a fine of 7 million won for a violation of the Narcotics Control Act in 2008; (c) the mother and her mother have no criminal record of suspension of execution or more due to narcotics; (d) the defendant's mother and her mother have endeavor to protect and guide the defendant; (e) the defendant has been detained for less than four months; (e) the defendant has been detained for more than four months; and (e) the defendant has the time of reflectness; and (e) the defendant has been detained for more time, and (e) giving more opportunity than once the defendant's order to provide community service and take lectures for narcotics treatment, and (e) it is too unfair that the defendant's age, environment, sex, circumstances of the crime, and circumstances before and after the crime were committed.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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