마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. Sentencing the sentencing of the gist of reasons for appeal (the punishment of the lower court shall be punished by imprisonment with prison labor for one year and additional collection);
2. Determination
A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.
B. The lower court: (a) under the unfavorable circumstances that the Defendant had the same criminal history on several occasions; (b) recognized all of the instant crimes; and (c) there is a need for medical treatment and support for addiction crimes.
Considering the favorable circumstances, the sentencing conditions were determined by comprehensively considering the defendant's age, sex, environment, circumstances after the crime, and the circumstances after the crime.
(c)
The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.
There is no circumstance to consider.
The defendant has cooperatedd in the investigation of a narcotics case in the trial of the party.
Claimant, there has been a reply that there has been no data about the application while the application was filed to inquire about the facts with the Changwon District Public Prosecutor's Office.
Considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.
Defendant’s assertion is without merit.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.