마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence of the lower court (a year and six months of imprisonment, confiscation, and collection) is too unreasonable as to the gist of the grounds for appeal.
2. A favorable circumstance is that the defendant's mistake and reflects his mistake, there is no record of criminal punishment in Korea, the defendant has no criminal record for the same kind of crime, and the defendant actively cooperates in the separate narcotics investigation business.
On the other hand, narcotics crimes such as the instant case are crimes with high risk of recidivism and high social harm, with heavy nature of the crime, and the Defendant traded phiphones for sale beyond a mere purchase for medication, and the volume and frequency of such crimes are disadvantageous.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.
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 groundless.