마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a year and six months of imprisonment, an additional collection of KRW 100,000) is too unreasonable.
2. The detention of the accused is inevitable for a reasonable period of time in order to make the judgment only.
There are several criminal records.
Although the history of the same crime in philophones is limited to one time, the crime was committed during the period of suspended execution (limited to a second offense at least one month after the judgment of suspended execution became final and conclusive). The two positive reactions had been detected in urines and hairs.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.