마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of one year, the fine of five hundred thousand won, the observation of protection, confiscation, and collection) is too unreasonable.
2. The judgment of the defendant recognized each of the crimes of this case and reflected, the amount of money of the horse gambling in which the defendant participated is not a large amount, but a penphone was administered once. While being investigated into the crime of gambling, he/she voluntarily surrenders to the crime of narcotics and faithfully cooperates with the investigation, and there is no record of criminal punishment in Korea, etc. are favorable to the defendant.
However, since narcotics and gambling crimes have a significant adverse impact on society as a whole due to their toxicity, the court below's decision is inevitable. The court below determined the punishment against the defendant by fully taking account of the circumstances favorable to the defendant as seen earlier, suspended the execution of the punishment, and there is no special change in circumstances to consider the sentencing of the defendant in the court below, and considering all kinds of sentencing conditions including the defendant's age, sexual conduct, environment, family relationship, motive for crime, etc., the sentence of the court below is too large and it cannot be deemed unfair. Thus, the defendant's argument is without merit.
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.