마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for the Defendants, two years of suspended sentence for six months of imprisonment, observation of protection, and collection KRW 100,000) is too unreasonable.
2. The judgment of the Defendants recognized the instant crime, the primary offender, and the frequency of the phiphone medication prosecuted was only once, and the sentencing factors favorable to the Defendants are favorable to the Defendants.
On the other hand, the fact that there is a need to strictly punish narcotics-related crimes in consideration of the cancellation of narcotics on society is an unfavorable sentencing factor against the defendants.
The lower court determined the sentence against the Defendants by comprehensively taking into account the above elements of sentencing, and there is no change in the sentencing conditions that may be newly considered in this court compared with the lower court.
In addition, the lower court’s punishment is only within the reasonable scope of discretion and is not recognized as unfair because it is too unreasonable, in full view of all the conditions of sentencing as shown in the instant pleadings, such as the Defendants’ age, sex, criminal records, motive and background leading to the instant crime, and circumstances after the crime.
3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.