마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (one year and six months of imprisonment, additional collection of one million won) is too unreasonable, which is the gist of the grounds for appeal.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.
The defendants recognize all crimes, and are against themselves.
On the other hand, however, narcotics crimes are not likely to be exposed due to their characteristics, and the risk of recidivism is high, and there is a serious negative effect on the society as a whole due to their decliability, toxicity, etc.
The defendant has several criminal records of the same kind, including imprisonment with prison labor, and in particular, the defendant has committed the medication or sale of philophones at least once during the period of repeated crime for the same kind of crime, and has a heavy responsibility for the crime.
In addition, considering the defendant's age, character and conduct, environment, family relation, etc. and various conditions of sentencing indicated in the arguments and records, it cannot be deemed that the court below's punishment is too heavy beyond the reasonable limit of discretion.
3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.