마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment (4 months of imprisonment, additional collection 50,00 won) set by the court of the original instance (the court of the original instance) is too unreasonable.
2. The judgment seems to have led to the confession and reflect on the crime.
There are circumstances in which basic recipients are lacking in circumstances, are healthy, are not good health, and the mother is supported.
Since the crime of this case is in the relation of larceny for which judgment has become final and conclusive and the crime of this case is in the relation of concurrent crimes after Article 37 of the Criminal Act, it is necessary to determine punishment at the same time in consideration
However, detention is inevitable for the defendant to take a prison charge.
Despite the fact that there have been four times or more of punishment for the same kind of drug crime, it has been purchased and administered again.
There are a large number of criminal records and repeated crimes (i.e., the court of the court of the original instance determined the punishment for 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 under 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, the lower court’s sentence is not deemed unfair.
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.