마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. On March 25, 2015, the Defendant did not sell a phiphone to D, and did not gain any benefit.
The defendant is jointly purchased from the upper line with D or philophones or the defendant arranges the trade of philophones between upper lines and D.
Therefore, the judgment of the court below which found the defendant guilty of selling philophones is erroneous by mistake.
B. The punishment sentenced by the lower court (one year and six months of imprisonment, additional collection of 1100,000 won) is too unreasonable.
2. Determination
A. Determination as to the assertion of mistake of fact ① that D purchases philopon to the Defendant.
The author did not propose that he would be able to jointly.
D The amount of philopon to be jointly purchased between the Defendant and the price or distribution of the philopon was not determined.
In light of this, D and the defendant jointly purchased philophones.
It is difficult to see it.
② In light of the fact that D does not know who the merchant line is, and the merchant line is not directly conducted between D and the merchant line, and D did not meet or contact a third party, the Defendant arranged the trade of phiphones between D and the merchant line.
It is also difficult to see it.
Therefore, the defendant's assertion of facts is without merit.
B. The favorable circumstance is that the defendant's recognition of the crime and reflects the judgment on the unfair argument of sentencing.
However, the defendant not only has administered philophones on several occasions, but also provided philophones to many people, and thus, the nature of the crime is very significant. The defendant committed the crime in this case during the repeated crime period due to the same drug crime, and the defendant committed the crime in this case eight times even before he was sentenced to punishment due to the same kind of crime, and the crime related to narcotics needs to be strictly punished because it has a high risk of social aggravation and recidivism, and the age, environment, and environment of the defendant.