마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.
2. The fact that the judgment defendant recognized the crime of this case and responded to the mistake, and that he actively cooperated in the investigation after the arrest is favorable.
However, in full view of the following circumstances: (a) the Defendant committed the instant crime without being aware of a large number of criminal records and during the suspension of execution; (b) the frequency of medication of phiphones up to three times during a short period of time (10 days); (c) narcotics crimes are highly harmful to the society due to climaticity, toxicity, possibility of linking other crimes; and (d) the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime; and (c) other factors of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too undue and unfair.
Therefore, the defendant's above 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.