마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. There is a disadvantage to the accused, such as that the accused has a suspended sentence for one time and four times of imprisonment for a drug crime;
However, in light of the following circumstances: (a) the Defendant recognized the offense; (b) the Defendant was sentenced to imprisonment for a crime of narcotics in 2004 and was sentenced to imprisonment for about 12 years; and (c) the Defendant has no record of being punished for the same crime for about 12 years; (b) the instant case also pertains to the Defendant’s administration of oponphones once in the influence of alcohol; (c) the Defendant’s family and branch members want to take the Defendant’s preference; (d) the Defendant’s suspension of execution of the sentence rather than the Defendant’s sentence; and (e) the Defendant’s order to provide community service and to attend drug treatment for a considerable period of time, and give more opportunity at the last time, it is determined that the Defendant’s provision of more opportunities is an effective measure to prevent recidivism; and (e) other various circumstances, including the Defendant’s age, environment, sex, circumstances of the offense, and the conditions of sentencing as shown in the records and arguments before and after the offense, it is deemed that the sentence imposed by the lower court is unreasonable.
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
1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;
1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the above);
1. The observation of protection and the order to provide community service and attend lectures under Article 62-21 of the Criminal Act;