마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of four months, the suspension of execution of two years, and the collection of 600,000 won) is too unreasonable.
2. It is recognized that the facts constituting the instant crime need to be considered in equity with the case where the judgment was received at the same time as the crimes recorded in the records of the crime as stated in the judgment below, which are one concurrent crimes after Article 37 of the Criminal Act.
However, since the amount of philophone sold by the defendant is not so large and narcotics-related crimes are highly adverse to the individuals and society as well as the individuals due to their toxicity, it is necessary to punish them accordingly.
The defendant has a previous offense and a concurrent offense in several meetings, including the former.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.
Therefore, the defendant's assertion is without merit.
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.