마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. On April 22, 2017, the lower court found the Defendant not guilty of the violation of the Act on the Control of Narcotics, Etc. (No. 5385, the lower court’s judgment on April 22, 2017), among the facts charged against the Defendant, on the ground that the Defendant appealed on the part of the lower judgment’s conviction on the grounds of unfair sentencing, and that the prosecutor did not appeal.
Therefore, since the portion of the judgment of the court below is separated and confirmed as it is, the portion of the acquittal is excluded from the scope of the judgment.
Ultimately, among the judgment of the court below, only the guilty portion of the defendant belongs to the scope of the judgment of this court.
2. The summary of the grounds for appeal is too heavy in the lower court’s punishment (a year and two months of imprisonment and additional collection).
3. In full view of all the circumstances in the arguments and records of the instant case including the favorable circumstances (including the simple medication) and unfavorable circumstances (the fact that the Defendant is a repeated offender, the fact that the instant crime was committed in the course of trial on the commission of phiphones, etc.) as stated in the grounds for sentencing, the lower court’s judgment exceeded the reasonable bounds of discretion, in view of the following factors: (a) the Defendant’s age, character and intelligence environment; (b) motive and means of crime; and (c) the circumstances after the crime was committed
There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.
4. 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.