마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment, confiscation and additional collection) is too unreasonable.
2. It is recognized that the Defendant made a confession of all the instant crimes and reflects his mistake in depth, and that each of the instant crimes is concurrent crimes with the offense of violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act, which became final and conclusive, and that the sentence should be imposed in consideration of equity with the case where the judgment is simultaneously rendered pursuant to Article 39(1) of the Criminal Act.
However, the crime of this case is deemed to have been administered by the defendant about 0.2 g of the clopon (hereinafter “copon”), and approximately 0.19 g of the copon. In light of the method and content of the crime, etc., the crime of this case was committed when the defendant was prosecuted and tried for the violation of the Act on the Control of Narcotics, etc. (Psychotropic) in which the judgment became final and conclusive, and there was no special circumstance or change of circumstances that may be newly considered after the sentence of the judgment below, and other crimes of this case, which are various sentencing conditions as shown in the argument of this case, including equity in sentencing with the same or similar cases, age and character of the defendant, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., and thus, the sentencing guidelines shall not apply.
In full view of these factors, it is not recognized that the sentence imposed by the court below is too unreasonable because it is too unreasonable.
Therefore, the defendant's above assertion is not accepted.
3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, Article 25(1)3 of the Criminal Procedure Act provides that "No. 3" of the 1st sentence of the judgment below shall be excluded from the part consumed by appraisal, and three below the 2nd sentence.