마약류관리에관한법률위반(향정)등
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not more than two months.
Defendant
A.
1. The summary of the grounds for appeal is too unreasonable that each sentence (one year of imprisonment with prison labor for the defendants A and four months of imprisonment for the defendants B) declared by the court below to the defendants.
2. Determination
A. Although there are favorable circumstances such as the Defendant’s confession of the instant crime and the Defendant’s confession of the instant crime and the fact that there was no history of punishment exceeding the punishment imposed by the same criminal act or fine, in light of the addiction of narcotics and the harm caused by medication, etc., the crime of narcotics need to be strictly punished and eradicated, and the Defendant appears to have purchased and possessed a phiphone for sales purposes. Furthermore, in light of the fact that the Defendant purchased and possessed a phiphone for the purpose of sale, the transfer of phiphones handled without good quality, and the detection of phiphones from the Defendant’s mother, the degree of phiphone addiction seems not to be negligible, the Defendant appears to have caused confusion in the investigation and trial by reversed statements made by the investigative agency, and the lower court, taking into account favorable circumstances for the Defendant, the scope of recommendations under the sentencing guidelines of the Supreme Court on the instant crime [basic crime: the scope of recommendations under the sentencing guidelines of the Military Manpower Act, such as the sale and purchase mediation, etc.
Title, purchase), recommendation type of basic crimes (basic area): Imprisonment with prison labor for a period from one year to two years, 1, and 2 concurrent crimes: Type 3, such as medication, simple possession, etc. of a group of narcotics crimes (fab).
The lower court’s sentence of recommending concurrent crimes (basic area): the term of imprisonment of October to two years, and the term of final recommendation according to the standards for processing multiple crimes: Imprisonment of labor; the term of imprisonment of one year to three years; and the term of imprisonment; the term of imprisonment; the term of imprisonment; the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and the circumstances after the commission of the instant crime; and the term of all the sentencing conditions specified in the records and arguments, such as the records and arguments in the instant case, cannot be deemed unfair. Therefore, the Defendant’s above assertion is without merit.
B. Defendant B’s assertion of unfair sentencing.