마약류관리에관한법률위반(마약)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment and two years and six months, confiscation and collection) of the lower court’s punishment is too unreasonable.
2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the
In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.
(2) The lower court determined a sentence against each Defendant on July 23, 2015, taking into account the favorable circumstances, such as the fact that the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime, and that the Defendant imported marijuana and repeatedly used and administered narcotics before and after the commission of the crime. In particular, the Defendant committed a crime that repeatedly uses and administers the narcotics, etc. on or after the commission of the act of importing marijuana mileage. In light of the following circumstances: (a) around February 2, 2019, when the Defendant was aware of the occurrence of the foregoing act of importing marijuana mileage; (b) around February 2, 2019, the Defendant smokes the marijuana; (c) did not actually distribute or use the marijuana mileage imported by the Defendant; (d) the Defendant’s mistake recognized by his/her mistake; and (e) there were no special circumstances or changes in circumstances that may be considered in the sentencing; and (e) the Defendant’s punishment was determined by the lower court, such as the following circumstances, the motive and circumstance of the Defendant’s criminal punishment, and the motive and age of all other crimes.