마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, confiscation, collection of 100,000 won) is too unreasonable.
2. The circumstances favorable to the defendant are as follows.
In other words, the defendant acknowledges all the crimes of this case, reflects the mistake, and does not repeat again.
The defendant needs to support 15 years of age who suffers from brain disease.
However, there are the following disadvantageous circumstances for the defendant.
The narcotics crimes, such as the instant crime, are crimes causing the degradation of individuals, families, society, and human beings as a whole, and need to be punished in that they are social phenomena beyond the individual criminal acts.
Furthermore, the defendant was punished as a drug crime before, and re-offendered during the suspension period.
In full view of the above circumstances and other circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances following the commission of the crime, and the sentencing guidelines as stated by the lower court, the lower court’s sentencing is deemed to be too unreasonable.
The defendant's ground of appeal cannot be accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.