마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a prison term of six months, confiscation, additional collection of 200,000 won) is too unreasonable.
2. The judgment seems to have led to the confession and reflect on the crime.
Efforts have been made to do so, and important cooperation has been made to narcotics investigation.
There is also a situation in which mother-child, spouse and her spouse, and single-pharmaceutical treatment doctors appeal their wife.
However, it is inevitable to keep the defendant under detention for a considerable period of time.
Since repeated crime falls under the category of repeated crime ( not the same type of crime), it is disqualified for suspension of execution, and it has been long, but the same type of crime is two times.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
It is determined to lower the lower limit within the scope of the recommendation for mitigated sentencing by reflecting important cooperation in investigation.
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.
The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.