마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
1. The judgment of the court below which found guilty of the summary of the grounds for appeal Nos. 1 and 2 of the facts charged is that the judgment of the court below is affected by mistake of facts.
In addition, the punishment prescribed by the court of the court of the original instance (one year and eight months of imprisonment, confiscation, collection 305,00 won) is too unreasonable.
2. Reviewing the facts charged Nos. 1 and 2 based on the evidence duly adopted and examined as to the assertion of mistake of facts, the court below's finding the Defendant guilty of Nos. 1 and 2 of the facts charged as stated in its reasoning is just and acceptable.
We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.
In the trial of the party, the witness E's legal statement that the defendant applied for is supported by substitution of the facts charged and stated that part of his memory is unclear, but it did not reach the degree of reasonable doubt about the facts charged.
As to the unfair argument of sentencing, the defendant seems to have been partly led to the confession and reflect on the crime.
However, it is inevitable to keep the defendant under detention for a considerable period of time.
There have been several criminal records, and even though they were punished five times for the same crime, they again committed the same crime during the period of the same repeated crime.
The reaction of philophone training was detected in Mod's hair.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions under 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, the lower court’s sentence is not deemed unfair.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.