마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the additional collection of 102,00 won) is too unreasonable.
2. The circumstances favorable to the Defendant, such as the fact that the Defendant recognized all of the instant crimes and provided information to the investigation agency on the narcotics-related crimes, etc.
However, each of the crimes of this case is an unfavorable circumstance where the defendant administered a phiphone at the same place on the same day and smoked from marijuana is not good, and the defendant has been punished twice due to the same kind of crime.
In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.
In addition to the above circumstances, considering the scope of the recommended sentence according to the sentencing guidelines set by the Sentencing Commission of the Supreme Court, the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the records and arguments of the instant case, such as the circumstances after the crime, etc., the judgment of the lower court cannot be deemed unfair to exceed or maintain the reasonable limits of discretion.
Therefore, the defendant's argument of sentencing 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.