마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and four months of imprisonment) is too unreasonable.
2. The Defendant acknowledges all of the instant crimes, reflects on, and imprisonates each of the instant crimes.
There are circumstances that can be considered favorable to the defendant, such as the fact that the phonephone was received and administered, but did not participate in the distribution thereof, the fact that the defendant's scam promises to make efforts together with the defendant for the scambling of the defendant, and appeals against the defendant, etc.
However, the Defendant was sentenced to two times or more as a drug crime, and was sentenced to imprisonment due to a drug crime as stated in the judgment of the court below, and the execution of the sentence was terminated, and the Defendant again committed each of the crimes of this case without being aware of the fact that he had committed a repeated crime.
In addition, considering the fact that philophones are detected in philophones, it is necessary to isolate from society for a certain period of time, as it is judged that the degree of addiction is not easy and the risk of recidivism is high.
In addition, considering the fact that the nature of the crime is not good in light of the period, frequency, etc. of medication of phiphonephones and the responsibility for the crime is grave, comprehensively taking into account various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, motive, means and consequence of the crime, etc., it is difficult to view the lower court’s punishment too too unreasonable.
3. In conclusion, the Defendant’s appeal of this case is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition by the court below (Article 25(1) of the Rules on Criminal Procedure, which adds “Article 30 (1) of the Criminal Act (as to the application of statutes on April 9, 2017 and around May 30, 2017)” to the part “(b) of the judgment of the court below as to “the application of statutes” in accordance with Article 25(1) of the Rules on Criminal Procedure.