마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable;
2. The lower court determined the Defendant’s punishment by taking into account the favorable and unfavorable circumstances to the Defendant.
There is no special change in circumstances to change the sentence of the court below in this court.
(1) The Defendant asserts to the effect that the sentencing should be taken into account as he voluntarily surrenders to the instant narcotics crime. However, the Defendant appeared to the investigative agency on October 23, 2017, but denied the narcotics crime, and thus, the Defendant cannot be deemed to have voluntarily surrendered. In addition, considering the Defendant’s age, environment, background and consequence of the crime, and the factors revealed in the instant pleadings, such as the circumstances after the crime, the lower court’s sentencing is too unreasonable and does not seem to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.