마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below: Imprisonment with prison labor for not more than ten months and additional collection);
2. Determination
A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.
B. The lower court rendered a sentence by comprehensively taking into account the favorable circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, etc., under which the Defendant did not know not only twice or more of the criminal history of the same crime but also committed the crime of this case, under the unfavorable circumstances, even though the Defendant was committed a repeated crime due to the same crime, and the Defendant appeared to have committed the crime of this case.
(c)
The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.
There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.
Defendant’s assertion is without merit.
3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.