마약류관리에관한법률위반(향정)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, it is reasonable for the court below to maintain the judgment of the court of first instance which separately sentenced punishment by applying Article 39(1) of the Criminal Act on the ground that a crime of fraud among the crimes of violation of the Act on the Control of Narcotics, etc. in the judgment of the court of first instance and the crimes of this case committed in the latter part of Article 37 of the Criminal
In addition, the argument that the judgment of the court below is erroneous in the investigation of naval ships is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not take the grounds of appeal or are not subject to
On the other hand, the argument that the court below violated Article 51 of the Criminal Act by failing to properly consider the conditions of sentencing constitutes the argument of unfair sentencing.
However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal can be filed on the grounds
Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.