마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. In light of the following: (a) the summary of the grounds for appeal is against the depth of the Defendant, and there is no criminal history against the Defendant; (b) the Defendant actively cooperated in the arrest of the drug for the sale of narcotics after being investigated into the instant case; (c) the Defendant was growing in a friendly family environment; (d) the social ties are clear and active medical treatment intent is shown; and (c) the crime of selling narcotics was one-time, the sentence imposed by the lower court (one year and six months) is too unreasonable.
2. In our criminal litigation law, which takes the trial-oriented principle and the direct principle, there is no change in the terms and conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In this case, there is no special circumstance or change in circumstances that may be newly considered after the pronouncement of the lower judgment.
In addition, considering the circumstances surrounding the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the reasons for sentencing of the lower judgment on the grounds of appeal, considering the various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unlimited and it is not determined that the Defendant exceeded the reasonable scope of discretion.
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.