마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (one year of imprisonment, confiscation, and collection KRW 3.60,00) on the summary of the grounds for appeal is too unreasonable.
2. Circumstances favorable to sentencing are the following: (a) the Defendant recognized and led to the Defendant to commit an offense; and (b) the Defendant’s branch wanting to have the Defendant’s wife.
However, considering the fact that the Defendant had a record of criminal punishment for the same crime, that the Defendant again committed the instant crime during the period of repeated crime, that the crime related to narcotics, etc. requires strict punishment because of its social weakness and high risk of recidivism, and that various sentencing conditions such as the Defendant’s age, sex, criminal records, motive and means of the crime, and circumstances before and after the crime, etc., it cannot be said that the lower court’s punishment is too excessive and unfair.
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.