마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a prison term of six months, additional collection of one million won) is too unreasonable.
2. The judgment seems to have led to the confession and reflect on the crime.
Since the instant crime is in a concurrent relationship between the crime of violation of the Act on the Management of Narcotics, etc. of the same kind for which judgment has become final and conclusive and the crime of violation of the latter part of Article 37 of the Criminal Act, it is necessary to determine punishment concurrently in consideration of equity
There shall be no other criminal records.
The mental health is not good, and it is difficult to raise young children, and there is also a circumstance that family members, branch members, and single-pharmaceutical treatment doctors appeal their wife.
However, it is inevitable to keep the defendant under detention for a considerable period of time.
Even though the person was placed before the probation on October 28, 2016 for the same crime, he again committed the crime while waiting for a trial after appeal.
Since there are many amounts of sale and purchase crimes rather than simple medication, the criminal liability is heavy. The scope of recommendation of the sentencing guidelines for the crime of native trading is not less than one year, and it is not less than eight months even if reduced.
The court of the court of the court below has already exceeded the lower limit of the sentencing criteria and reasonably reduced it.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
Examining the investigation cooperation report (F) submitted by the trial court, the defendant has newly cooperatedd in the investigation.
As it is difficult to see that it is and is not a serious cooperation in investigation, no reduction shall be made.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and it is in accordance with Article 364 (4) of the Criminal Procedure Act.