마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (one hundred months of imprisonment, one hundred thousand won of additional collection) is too unreasonable.
2. The judgment that the defendant led to the confession of the crime, and the fact that the defendant voluntarily surrenders to the investigation agency is favorable to the defendant.
However, considering the fact that narcotics-related crimes have a negative impact on the society as a whole due to their sense and toxicity, and the risk of recidivism is high, there is a history that the defendant has been punished for the same kind of crime (three times of actual punishment and three times of the suspension of the execution of imprisonment), and the fact that narcotics have been administered again during the period of suspension of execution due to the same kind of crime, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, motive and means of the crime, and circumstances after the crime, etc., the lower court cannot be deemed to have exceeded the reasonable scope of discretion to sentence the lower court out of the recommended sentencing range set by the sentencing guidelines.
Therefore, the defendant's assertion is not accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.