마약류관리에관한법률위반(향정)
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court reversed only the portion of the first instance judgment that found the Defendant guilty of the charges, and ordered the Defendant to collect 503,000 won.
Examining the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the calculation of the amount of additional collection, as alleged in the grounds of appeal.
In addition, the judgment of the court below is erroneous in incomplete deliberation on sentencing conditions.
The assertion that there is an error of double evaluation by pointing out a criminal record of a repeated crime as a condition for sentencing is ultimately an allegation of unfair sentencing.
However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing
In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.