마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one hundred months of imprisonment and additional collection) is too unreasonable.
2.The administration of narcotics is a serious crime that causes serious harm to society and the national soundness due to their toxicity and that requires punishment.
However, in full view of all the sentencing conditions such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, circumstance after the crime, etc., the sentence imposed by the court below is somewhat unreasonable, considering the following: the defendant's husband wants to take the lead of the defendant; the defendant's husband does not have the same criminal record; and the defendant does not have the same criminal record.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are 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. Articles 60 (1) 3, 4 (1), and 2 subparagraph 4 (b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Article 30 of the Criminal Act on the Control of Narcotics, Etc.; Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.; Article 30 of the Criminal Act on the Control of Narcotics, Etc.;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered as favorable circumstances by examining the reasons for reversal in the front);
1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;
1. The Act on the Management of Narcotics, etc. for Additional Collection;