마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence (one year and four months of imprisonment, three to nine categories of forfeiture, and additional collection 40,00 won) imposed by the court below is too unreasonable.
2. The lower court seems to have sentenced one year and four months to the Defendant, taking into account the fact that the Defendant was aware of the crime under the favorable circumstances to the Defendant, taking into account the social harm of the narcotics crime, the Defendant had been punished six times for the same offense, and the Defendant repeatedly handles phiphones during the repeated offense period.
In full view of the Defendant’s age, career, sex, environment, family relation, health status, the quantity and frequency of purchased phiphonephones, circumstances after committing the crime, and other various conditions of sentencing as shown in the oral argument in the trial, the sentencing of the lower court exceeded the reasonable limits of discretion, even considering the circumstances in which the Defendant appears to be willing to stop narcotics at the present.
It is not unfair to evaluate or maintain the sentencing of the court below as it is.
Therefore, the sentence of the court below is proper, and it is not recognized as unfair because it is too unreasonable.
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.