마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the Defendant: (a) the confession of the instant crime while committing the instant crime; (b) the degree of injury suffered by the victim of the instant bodily injury is relatively minor; (c) however, the instant narcotics crime is a case where the Defendant was administered three times by blood injection in the manner of blood injection on two occasions; (d) in light of the addiction to narcotics and the harm caused by the medication of narcotics, etc., there is a need to strictly punish and eradicate the instant narcotics crime; (e) the amount of phiphones handled by the Defendant is not large; (e) additional phiphones are administered even after being investigated by the police on May 4, 2015; (b) the Defendant had the history of being sentenced to criminal punishment five times in sentence for the same crime; and in particular, the Defendant was sentenced to imprisonment for the same crime on June 20, 2014 and committed the instant crime during the period of repeated crime; and (e) the instant narcotics crime is not subject to the agreement between the victim and the instant crime under Article 12 of the Guidelines for Restoration of the instant bodily Injury.
Recommendations for items, purchase), basic crimes, and first concurrent crimes (aggravated area, aggravated factors - previous crimes within three years): Imprisonment with prison labor for a year and six months to four years, and second concurrent crimes: the administration, simple possession, etc. of the drug crime group (b).
The type of recommendation for concurrent crimes (a) and the type of punishment for the second concurrent crimes (aggravated, aggravated factors - 3 years or less): Imprisonment with prison labor for one year to 3 years, and the scope of final recommendation following the aggravation of multiple crimes: one year to 6 years: imprisonment for a year: the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions shown in the records and arguments of this case, such as the circumstances after the crime, shall be considered.