마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (for offenses of paragraphs 1 through 3 on the market: Imprisonment with prison labor for four months and for offenses of Articles 4 through 6 on the market: Imprisonment for six months, confiscation, and collection) of the lower court is too unreasonable;
2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.
In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.
The crime of this case is committed since the frequency and frequency of crimes are very high, and the crime of Articles 4 through 6 in the decision of the court below is committed since it has not been long from the time when the judgment on the previous conviction in the decision of the court below became final and conclusive. The crime of Articles 1 through 3 in the decision of the court below is committed while the judgment on the previous conviction is in progress.
In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime committed by the defendant as shown in the argument of the court below and the party hearing, the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.