마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (a year and six months of imprisonment, and a surcharge of 3.4 million won) is too unreasonable.
2. It is recognized that the judgment of the defendant made a confession of all crimes and reflects the mistake, that the defendant actively cooperatedd in narcotics investigation with the intention of the defendant's weak intention, and that the defendant's health status is not good.
However, the number of philophones offered for the instant crime is relatively large, and there are many records of criminal punishment, including the same crime, against the Defendant. The instant crime is likely to be subject to punishment for the Defendant on June 16, 2015 by having been sentenced to imprisonment with prison labor for the same kind of crime on the same day and having completed the execution of the sentence and thus having been released from the prison despite the period of repeated crime, and on the other hand, on the other hand, the Defendant’s age, sex behavior, motive, means and consequence of the instant crime, as well as the circumstances that are conditions for sentencing, such as the crime in this case’s motive, means and consequence, it cannot be deemed unfair because the lower court’s punishment is too excessive.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.