마약류관리에관한법률위반(향정)
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that, with respect to the punishment of the original judgment (a prison term of 10 months, confiscation, and additional collection of KRW 200,000) on the summary of the grounds of appeal, the prosecutor too unfied so that the prosecutor is too unfied and thus unfair
2. The following circumstances are unfair: (a) the Defendant’s mistake, recognized the Defendant’s mistake, against himself/herself, and did not repeat the crime; (b) the relationship with his/her family is maintained; (c) there are living grounds, such as return to the Republic of Korea and giving and taking a deaf’s death; (d) the Defendant’s family members are taking advantage of preventing recidivism; (c) the Defendant’s wife is favorable circumstances; and (d) the nature of each of the crimes of this case is not good; and (e) the crime related to narcotics requires strict punishment of harm and injury to the society as well as the offender due to high toxicity; and (e) the Defendant has been punished for a suspended sentence twice for the same kind of crime.
In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.
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.