마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (one year and ten months of imprisonment) is too unreasonable.
2. We examine the judgment in light of the following circumstances: (a) the Defendant made a confession of all of the crimes of this case, and reflects his mistake in depth while making a confession; and (b) the Defendant informed of the upper vessel during the course of the investigation to cooperate in arresting him.
However, the defendant had a record of having been sentenced to imprisonment twice for the same crime, and has not been able to fully reflect on the purchase, sale and medication of phiphones immediately after being punished for the same crime.
In addition, there are many criminal records of different types of crimes.
The court below has already determined the punishment in consideration of the circumstances favorable to the defendant, and there are no special circumstances or changes in circumstances that may be considered newly after the judgment of the court below (in the first instance court, “the defendant has engaged in cooperation in the investigation related to the arrest of a drug offender at the Pyeongtaek Police Station Team in the course of the investigation related to this case.” However, such cooperation in the investigation appears to have been conducted in the process of the investigation of this case and the judgment of the court below, and it appears to have been sufficiently taken into account in the process of sentencing at the court below, and thus, it is difficult to regard it as changes in circumstances that may be considered in determining the punishment for the crime of this case. Considering the defendant’s age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, etc., as well as the sentencing conditions specified in the arguments and the records of this case, it is not recognized that the punishment imposed by the court below is too undue and unfair.
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.