마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (a 10-month imprisonment and an additional collection) is too unreasonable.
2. The Defendant recognized the instant crime and is against the law.
The Defendant was able to report the instant crime in 112, and shows strong significance.
This is the circumstances favorable to the defendant.
However, the crime of this case was committed by the defendant while committing a repeated crime of the same kind, and the nature of the crime is not good, and the defendant has served six times or more due to the drug crime.
If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.
This is disadvantageous to the defendant.
In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.
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.