마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
Expenses relating to witnesses shall be borne by the defendant among the costs of lawsuit in the original judgment.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (two years of imprisonment, one million won of additional collection) is too unreasonable.
2. The judgment of the defendant seems to have led to the fact that he/she is making all confessions and reflects on his/her crime.
It is not good health, and there is also a situation in which family members are aware of their poor behavior.
However, it is inevitable to keep the defendant under detention for a considerable period of time.
In addition to the urines, the reaction of philophone training was detected in the body mother.
It was a repeated crime of the same kind, and was punished not more than 6 times for the same drug crime (4 times of actual punishment, 2 times of suspended execution). The court of the court of the original instance determined the sentence against the defendant in consideration of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is reasonable for the defendant to bear the costs of lawsuit as to the witness at the court below.
Where an appeal is dismissed against a judgment of the court below that did not state any information on the order and reason as to the bearing of the costs of lawsuit, the appellate court may hold a trial as to the bearing of the costs of lawsuit by adding the costs of lawsuit to the costs of lawsuit of the court of first instance, and the burden of the costs of lawsuit is not subject to the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act. Supreme Court Decisions 2001Do872 Decided April 10, 201, 2008Do48 Decided March 14, 2008, 2009Do12840 Decided December 24, 2009, and November 1, 2015.