마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in 2 years and 100,000 won and 190,000 won) is too unreasonable.
2. The judgment defendant reflects the wrong and has a family to support the defendant.
Also, the circumstances such as the fact that the defendant voluntarily committed some crimes, such as possession of phiphonephones, and cooperation with the investigation, can be considered as favorable to the defendant.
However, even though the defendant was punished more than 12 times for the same crime, he again started to commit the crime of this case only once a month of release.
The defendant delivered each phiphone to third parties, such as C, and encourage them to separately administer and receive them, and it is also reasonable that the defendant was in possession of phiphones (total 149.26g).
Defendant trading a large quantity of philophones because it is difficult to adapt to society due to a long-standing life and it is difficult to have any other occupation unrelated to narcotics.
However, for a considerable period of time, social isolation measures are inevitable for the accused with high risk of recidivism.
In addition, considering the various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., the sentence of the court below cannot be deemed unfair because it is too large.
Therefore, the defendant's argument of sentencing 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.