마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant committed the instant crime in a state of mental disability due to depression, etc., and that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.
2. Determination
A. In full view of all the circumstances, such as the means and methods of each of the instant crimes, the Defendant’s conduct before and after the crime, and the circumstances after the crime, etc., indicated in the judgment on the claim of mental retardation, it is recognized that the Defendant was suffering from the public disorder at the time of each of the instant crimes, but it is not deemed that the Defendant did not have the ability to discern things or make decisions at the time of each of the instant crimes.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion on unfair sentencing, the Defendant appears to have led to the confession of the instant crime and to repent his mistake, the Defendant’s primary offender who has no record of criminal punishment, and the fact that the Defendant voluntarily surrendered to the investigation agency is favorable to the Defendant.
However, in light of the following factors: (a) the number of times of administration of Meptamins has reached five times; (b) even after the Defendant surrendersed to the investigative agency, the quality of the crime is not less than that of the administration of Meptamins again; and (c) the sentencing guidelines include the Defendant’s basic area and the Defendant’s recommendation form falls under the Defendant’s basic area for not less than 10 months but not more than 3 years and not more than 8 months; and (b) the Defendant’s act of administration of narcotics requires strict punishment and eradication; and (c) there is a need to strictly punish and eradicate the act of administration of narcotics in light of the addiction of narcotics and the harm caused by administration of narcotics; and (d) other factors that are conditions for sentencing, including the Defendant’s age, character and conduct
Therefore, this part of the defendant's assertion is without merit.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.