마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The facts that the Defendant led to the confession of each of the crimes in this case and reflects the mistake, and that the Defendant’s health status seems to be not good are favorable circumstances.
However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., the crime of narcotics need to be strictly punished and eradicated. In this case, the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was sentenced to imprisonment for the same kind of crime at the Daegu District Court on November 28, 2014 and was sentenced for two years and three months or more for the same crime on September 8, 2016, and had been committed for a repeated crime on September 8, 2016.
In addition to the above circumstances, considering the defendant's age, sex, environment, motive, means and consequence of the crime of this case, circumstances after the crime, criminal records, etc., all of the sentencing conditions as shown in the records and arguments in this case, the sentence sentenced by the court below cannot be deemed unfair.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.