마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment, two years of suspended execution, probation, and additional collection KRW 300,000) is too unreasonable.
2. In light of the following factors: (a) the Defendant’s mistake is divided in depth; (b) the amount and frequency of the penphones traded by the Defendant is not large; (c) the Defendant’s health and economic conditions are not good; and (d) there are families to support; (b) the transaction of narcotics is a serious crime detrimental to the social and national soundness due to its toxicity; (c) the necessity of punishment is high; (d) the Defendant committed the instant crime even if there are two criminal convictions of the same kind; and (e) other matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the instant records and pleadings, are considered as inappropriate.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.