마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.
2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.
Unfavorable circumstances: The defendant has been punished five times (three times of actual punishment, two times of suspended execution) for the same crime.
The defendant's age, character and behavior environment including the above favorable circumstances, the relation to the victim, the motive means of crime, the circumstances after the crime, etc. of this case, and all the sentencing conditions and the scope of recommended punishment according to the sentencing guidelines (ten months to two years of imprisonment).
(a) Type 3 (b) such as medication, simple possession, etc. of a drug crime subject to determination of any type;
B. There is no special sentencing factor
C. In full view of the basic area of the recommended range of punishment (one hundred months to two years of imprisonment), although it is inappropriate for the court below to have presented a non-cooperative attitude in the investigation at a disadvantage, the sentence imposed by the court below is too unreasonable because it is too unreasonable.
3. 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.