마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. With respect to the first and second crimes among the facts charged in the instant case, the lower court deemed that the first head of the facts charged and the latter part of Article 37 of the Criminal Act are concurrent crimes, and sentenced to the exemption of punishment, one year, respectively, and one year, respectively, to the third and seven crimes as indicated in the judgment. The only Defendant appealed on the grounds of unreasonable sentencing as to the third and seven crimes as indicated in the judgment, and the first and second crimes were separated and finalized upon the lapse of the appeal period.
Therefore, in the trial, only the third or seven crimes of the judgment of the court below are judged.
The punishment of the court below (one year of imprisonment) on the crime of Articles 3 through 7 of the holding is too unreasonable.
2. The following day after the day of the release from the detention house after being sentenced to a suspended sentence on August 7, 2014 due to the same criminal act as the judgment was commenced to administer phiphones. However, with respect to the criminal act on August 8, 2014 and August 14, 2014, the judgment of exemption from punishment was rendered and finalized as stated in the judgment of exemption from punishment became final and conclusive. In full view of the scope of the recommended sentence on the sentencing guidelines (one year of imprisonment or five years and six months of imprisonment, and the fact that new sentencing data were not submitted at the trial, and there is no change in the conditions of sentencing compared with the judgment of the court below, it cannot be deemed that the sentence of the court below is too unfair.
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.