마약류관리에관한법률위반(향정)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment, confiscation, and collection) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination is based on the attitude of the defendant to recognize and reflect his mistake, and the fact that the defendant agreed with the victim of the case in 2019 order5260 is favorable to the defendant.
On the other hand, however, if the defendant had been punished several times due to the same drug crime, it seems that there was a high possibility of criticism against the defendant, and there seems to exist no openings. The amount of narcotics handled by the defendant, the amount of a traffic accident caused by the defendant's driving under the cancellation of the license, as well as the occurrence of an accident even though the defendant injured the victim as a result of the occurrence of the accident, etc., are disadvantageous to the defendant. In full view of all the sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment seems to be deemed to be reasonable and appropriate, and it cannot be deemed that the defendant is excessively weak or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, in the application of the law of the court below, the additional collection (from 10 to 16 pages 6 of the judgment of the court below) shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure. "1. Additional collection: 20,000 won for two times pursuant to the proviso to Article 67 of the Narcotics Control Act: - Article 67 of the Act on the Control of Narcotics, Etc. (Article 67 of the Act on the Control of Narcotics, Etc.) shall be handled in accordance with the proviso to Article 67 of the Act on the Control of Narcotics, Etc.