마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The lower court’s sentence (a year and two months of imprisonment, confiscation, and collection) is too unreasonable as to the gist of the grounds for appeal.
2. The circumstances favorable to the defendant include the fact that the defendant recognized and reflected the crime, and the fact that the investigation by the investigative agency appears to have been cooperative.
On the other hand, the following is disadvantageous.
The defendant has a record of criminal punishment for a crime related to inhalement of hallucinogenic substances over several times, and has a record of being punished for a drug crime.
Moreover, the crime of this case committed the crime of this case, which repeats the receipt and medication of philophones in two weeks after having been sentenced to punishment due to narcotics crime and released from prison.
In light of the criminal history of these defendants, the number of crimes in this case, and the period of crimes, the defendant seems to be addicted to philophone addiction.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, and circumstances after the instant crime, etc., as well as the various sentencing conditions shown in the records and arguments, the lower court’s punishment is too unreasonable, and thus, 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.