마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence of imprisonment with prison labor (two years and six months, and additional collection) of the first instance court shall be too unreasonable;
2. The crime of this case, however, is one of the crimes committed by the Defendant, the illegal aliens, trading and buying and selling a single psychotropic drug six times, and is possessed for the purpose of sale. The crime related to narcotics, etc. is one of the crimes causing serious adverse effects on the community as well as the physical and mental health of an individual, and the community as a whole, and the quantity of the spiones traded by the Defendant reaches about 170g, the quantity of the spiones possessed by the Defendant reaches about 42g, and the profits illegally acquired by the sale of narcotics reaches about 4,720,00 won, and the criminal proceeds therefrom are not weak.
However, the first instance court takes into account the fact that the Defendant led to the confession of the instant crime and the mistake is divided, and takes into account various sentencing conditions, such as the Defendant’s age, character and conduct, criminal records, occupation and environment, etc., the scope of punishment to be imposed on the Defendant after discretionary mitigation, and then the scope of punishment according to the sentencing guidelines (two years to twenty two or a half years of imprisonment). (1) The offense of violation of the Act on the Control of Narcotics, etc. from Sale and Purchase of Ssects constitutes the basic area of category 3 (narcotics, drugs, native administration and good offices, etc.) from among the sentencing guidelines for the narcotics crime, and thus the scope of punishment is four to seven years, and (2) the offense of violation of the Act on the Control of Narcotics, etc. from Possession of SPS for the Purposes of Sale and Purchase of Narcotics, etc. falls under the basic area of punishment to be imposed on the Defendant by imprisonment for a period of up to 1 to 2 years x 7 years x 1 to 4 years x 7 years x x 7 years x .
In this case, two years and six months have been sentenced to a minor imprisonment than the lower limit. The reasons and sentence for sentencing of the first instance judgment are the same.