마약류관리에관한법률위반(향정)등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the reasons for appeal (unfair sentencing), the defendant asserts that the defendant is too unreasonable due to his excessive fault, and that the prosecutor is too unfeasible and unfair.
2. We also examine the judgment and prosecutor’s improper claims for sentencing.
Each of the crimes of this case requires a strict punishment against the defendant because the defendant sold, received, administered, or smoked marijuana, narcotics, etc. not only cause the body and mind of an individual, but also cause severe harm to society.
There are only one suspended sentence of imprisonment with prison labor for the same crime, and in particular, the criminal liability is not less against the defendant during the period of repeated crime due to the same crime.
Such circumstances are disadvantageous to the defendant.
However, the defendant is against the recognition of all crimes including the sale of philophones to D in the judgment of the court, and the defendant shows the intention to stop narcotics.
The 2018 Highest 835 case was caused by D's request to rescue philophones and some of the circumstances of the crime can be considered.
Such circumstances are favorable to the defendant.
In addition, given the Defendant’s age, career, sex, environment, motive and background of the offense, and circumstances after the offense, the sentence of the lower court is deemed reasonable to have been made within the scope of the sentencing discretion of the court, and cannot be said to be unfair because it is too heavy or unfeasible.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.