마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (three years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.
2. The judgment is an unfavorable circumstance that the Defendant imported 65g philophones over two occasions, distributed philophones in Korea up to three times, and administered and purchased philophones on two occasions, and possessed them.
However, it is favorable for the defendant to cooperate with the investigation, to recognize and reflect each of the crimes of this case, and to have no record of crime in Korea.
The lower court, based on these circumstances, sentencing guidelines and other factors, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, determined the sentence by comprehensively taking account of all the sentencing conditions as shown in the arguments in the instant case.
When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.
As there is no change in the sentencing conditions that can be deemed unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too large.
Therefore, the defendant does not accept the defendant's unfair argument.
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.