마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (a 3-year suspended sentence of 1-year, a 200,000 won additional collection, protection observation, a community service for 120-hour and a 40-hour pharmacologic instruction) is too unreasonable.
2. The judgment is based on the following facts: (a) the defendant confessions his own crime and reflects his act; (b) there are no criminal records of the same kind; and (c) even though there are some extenuating circumstances to take into account the circumstances of the crime of the instant case, the nature of the crime of the instant case is not easy; (b) narcotics-related crimes need to be strictly punished not only the criminal himself but also the social harm due to high toxicity; (c) there is no change of circumstances that may vary between the court below and the punishment; and (d) other sentencing circumstances such as the defendant's age, sex, family relation, criminal records, motive, means and consequence of the crime; and (e) all the sentencing circumstances such as the circumstances after the crime do not seem to be unfair because the sentence imposed by the court below is too excessive.
Defendant’s assertion is without merit.
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 ordered as per Disposition.