마약류관리에관한법률위반(향정)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (mental disorder and unreasonable sentencing) was in the state of mental disorder or mental disorder at the time of committing the instant crime, and the sentence imposed by the lower court on the Defendant (six months of imprisonment) is unreasonable.
2. Determination
A. According to the records of this case as to the assertion of mental disorder, although the defendant was in a drunken state at the time of the crime of this case, in light of various circumstances, such as the background, means, and actions before and after the crime of this case, it cannot be seen that the defendant was under the influence of alcohol and lost or weak ability to discern things or make decisions. Thus, the defendant's mental and physical disorder assertion is without merit.
B. The Defendant’s judgment on the assertion of unfair sentencing was already punished once before the instant crime was committed, and again commits the instant crime of the same kind despite the record of having been punished one time as the instant crime of violation of the Act on the Control of Narcotics, Etc., and the need for punishment as a serious crime detrimental to society and the national soundness due to its toxicity is deemed to have been high. However, considering the Defendant’s confession of the instant crime and his mistake during four months of detention, as a whole, the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, means and consequence of the instant crime, as well as various conditions of sentencing as shown in the oral argument, such as the Defendant’s age, character and behavior, and environment, and the motive and circumstance of the instant crime, means and consequence of the instant crime
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.