마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Determination of the summary of the grounds for appeal (a year of imprisonment with prison labor, three years of suspended execution, probation, and collection of penalty) is unreasonable;
2. The lower court sentenced a lower sentence than the recommended range of punishment (one to three years of imprisonment) according to the sentencing guidelines set out in the annexed sentencing guidelines.
In consideration of the criminal records of the defendant, the defendant was sentenced to conditional probation suspension without sentence considering the health condition.
The court below did not err in selecting and applying sentencing factors, and there is no change in sentencing factors in the appellate court.
Even if this court re-examines the sentencing factors and other factors of sentencing which are set forth in the sentencing criteria, the determination of the original sentence is inappropriate.
3. The appeal by the defendant is without merit.
The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.