마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below (one year of imprisonment with prison labor, one year of suspended execution) is too unreasonable as to the summary of the grounds for appeal.
The Defendant appeared on the first trial date after receiving the notice of receipt of the records of trial, but on the trial date above, stated to the effect that “the Defendant did not know the fact that he should submit the statement of reasons for appeal, but appealed on the grounds that it was unfair in sentencing,” the Defendant did not serve a notice of receipt of the records of trial which was not translated in the language available for piracy, and thus, it appears that the delivery date of the notice of receipt of the records of trial is the legitimate date of commencing the submission of the statement of reasons for appeal under Articles 361-2(1) and 361-3(1) of the Criminal Procedure Act.
Therefore, it is judged that the defendant's improper assertion of sentencing that the defendant stated through the interpreter appears on the trial date and on the grounds of legitimate appeal.
2. The crime of this case is a situation favorable to the defendant, where the defendant administered a single medication, which is a drug of the component of the Meptamina, and the crime of this case is limited to a simple medication of narcotics, not in sales or good offices, and the defendant recognized the crime of this case and reflects the fact that the defendant recognized the crime of this case and the record of criminal punishment is not confirmed.
However, given that narcotics-related crimes have a high risk of undermining the health and social safety due to toxicity, it is necessary to reduce the punishment even for a simple medication. The judgment of the court below has suspended the execution of the punishment for the defendant in consideration of the favorable circumstances for the defendant, and there is no change of circumstances to be newly considered for the defendant in the trial at the above time, and other various sentencing conditions such as the defendant's age, sex behavior, environment, family relationship, motive for the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.