마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. The sentence of the lower court (one year of imprisonment, and additional collection) is too unreasonable as to the gist of the grounds for appeal.
2. The Defendant recognized the instant crime and is against the law.
The defendant was also in cooperation with the investigation.
This is the circumstances favorable to the defendant.
However, the crime of this case was committed by the defendant after being sentenced to a punishment for narcotics crime, and was committed again at least 4 days after the execution of the sentence was completed, and it is not good that the crime was committed.
Defendant has already been sentenced to seven times as a drug crime, and has a number of violent crimes.
If there is no change in the conditions of sentencing compared to the first instance court, and 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). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.
This is disadvantageous to the defendant.
In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.
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.