마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a prison term of 10 months, additional collection of 200,000 won) is too unreasonable.
2. The crime of this case is recognized that the defendant administered and possessed phiphonephones even though he is not a narcotics handler, and that the defendant recognized and reflected the crime of this case, and actively cooperates in the investigation of the narcotics offender.
However, the defendant had been sentenced once to imprisonment with prison labor and twice as a suspended sentence due to drug crimes, and had been sentenced to the crime of this case without being aware of the fact that the crime was committed during the repeated crime period due to this type of crime, and the degree of addiction is not good, and the result of the defendant's maternity appraisal against the defendant, etc., and it seems necessary to be subject to isolation from society for a certain period of time in light of the fact that the crime of narcotics is likely to cause debrising to individuals, families, society and human beings, and thus, it is necessary to punish the crime in light of social scradism beyond individual criminal acts, and the court below also submitted a public cooperation report on the defendant about the investigation to the court of first instance, considering the above favorable circumstances to the defendant such as investigation cooperation. However, this is not because the defendant has accumulated a new public figure after the court below, but because the defendant's cooperation in the investigation of this case, which can be confirmed in the evidence records of this case, has already been reflected in the above investigation.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, circumstances after the instant crime, etc., and various circumstances that form the conditions for sentencing as indicated in the instant records and theories on changes, the lower court’s punishment is too unreasonable.
3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.