마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. In light of the following: (a) the gist of the grounds for appeal is the confession and reflect of the Defendant; (b) the Defendant cooperates in the investigation of a drug offender at the investigative agency; (c) the Defendant is at the location of supporting the mother; and (d) the Defendant suffers from hepatitis B and C, and the health status is not good; and (c) the Defendant’s punishment (one year and four months of imprisonment, and one million won of collection) declared by the lower court is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, the instant narcotics-related crime is deemed to have been administered once by the Defendant about 0.03 g (one-time scamphone) and the case is not less than that against the Defendant. Narcotics-related crimes are serious criminal with severe social harm and risk of recidivism, and the Defendant has been punished several times in the past (nine times imprisonment and one time suspension of the execution of imprisonment with prison labor) for narcotics-related crimes. In particular, on July 7, 2011, the Busan District Court sentenced the Defendant to imprisonment with prison labor and six months for a violation of the Act on the Control of Narcotics, etc., and on November 2, 2012, even if the execution of the sentence was completed and again committed a repeated crime of the same kind, the Defendant’s character, conduct and environment, the background and result of each of the instant crimes, circumstances after each of the instant crimes, etc., and thus, the Defendant’s allegation that the above Defendant’s punishment was unreasonable is inappropriate.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.