마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution, observation of protection and collection) is too unreasonable.
2. The facts constituting the instant crime are recognized and reflected by the Defendant, and the Defendant has no record of being punished for the same crime since 2008, etc. are favorable circumstances.
However, narcotics-related crimes have serious social harm caused by their toxicity, so it is necessary to strictize, and the defendant has a number of records of punishment for the same kind of crime.
In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair 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.