마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the following: (a) the Defendant recognized the facts charged, and reflects the facts charged; (b) the Defendant’s recommendation of a son who was pregnant in the seventh year of marriage and was under severe stress due to the miscarriage of a pregnant wife; and (c) the fact that he did not have the same criminal record; and (d) the punishment that the lower court rendered (in 10,000 won of imprisonment and penalty collection) is too unreasonable.
2. Considering the circumstances alleged by the Defendant, the following facts are considered: ① Narcotics impairs the society and the state’s soundness due to its toxicity; ② Narcotics-related crimes are highly necessary; ② the Defendant administered 11 or phiphones over a considerable period from the mid-of-life on December 2, 2014 to the Habman on September 2015; and ② the Defendant was under investigation on the charge of phiphones, again administered phiphones during the investigation into the charge of phiphones; ③ there was no previous conviction for the same type; ③ there was no criminal history for six times, and other various sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the crime, and price of phiphones, etc., the punishment imposed by the lower court is too unreasonable.
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.