마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (one year of imprisonment, confiscation, additional collection KRW 118,00) is too unreasonable.
2. A favorable circumstance is that the Defendant recognized each of the instant crimes and reflected his mistake, the Defendant’s health is not good due to depression, etc., and the Defendant provided cooperation with the investigation, such as informing the upper party of the fact that he did not repeat again.
On the other hand, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated, the frequency of the crime of narcotics is not significant, and the defendant has been subject to criminal punishment several times for the same crime (one time of suspended execution, three times of imprisonment). In particular, on February 3, 2016, he/she was sentenced to imprisonment with prison labor for a narcotics crime on or before the execution of the sentence on October 7, 2016, and he/she committed each of the crimes of this case during the period of repeated crime.
In full view of the above circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.