마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (a prison term of eight months, confiscation and collection) is too unreasonable.
2. In determining narcotics-related crimes, there is a need to strictly punish not only criminals but also socially harmful to them due to high toxicity.
The Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on December 18, 2014, and committed each of the crimes of this case during the repeated crime period after the execution of the sentence was completed on August 8, 2015. The Defendant committed each of the crimes of this case. Since it is reasonable for the Defendant to purchase (delivery) over five occasions, or transfer of phiphonephones administered, it exceeded the degree of simple possession and medication.
It is also difficult to see it.
In addition, while it is highly necessary to strictly control the spread of narcotics in society due to toxicity, since the transaction is conducted in voice, the transaction is in practice under the provision of information by the persons concerned, regulating and punishing them. The defendant has committed serious interference with the investigation of narcotics by notifying I of the issuance of arrest warrant to I known during an interview with an investigator in the prosecution and allowing I to flee. This crime should be strictly punished because it is extremely poor in the nature of the crime.
On the other hand, the Defendant recognized the instant crime, against the mistake, and was punished for the instant crime prior to the instant crime.
The defendant cooperates in the process of narcotics investigation to arrest other narcotics providers.
In addition, the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentencing conditions as shown in the argument of the case, including the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines set by the Supreme Court sentencing committee, and the violation of the Narcotics Control Act (componion) due to the purchase of philopon [the scope of recommended punishment] types 2 (the scope of recommendation), including the sale and purchase of marijuana, flaps, and item (b) and (c) of the mitigated area ( August to one year).