마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, confiscation, and collection) is too unreasonable.
2. Circumstances favorable to the defendant are as follows.
The Defendant recognized each of the crimes of this case, and is against the law.
Two times of the five-time medication City/Do shall have been attempted.
There are not a large amount of philophones received, possessed, and administered.
Circumstances unfavorable to the defendant are as follows:
Even though the defendant had been sentenced to a suspended sentence of imprisonment for the same crime in 2006, he again committed each of the crimes in this case.
Defendant was sentenced to 8 months of imprisonment on May 12, 2016 due to special property damage, etc., and committed each of the instant crimes during the period of repeated crime after the execution of the said sentence was completed on July 19, 2016.
In addition to the above circumstances, considering the character, conduct, career, environment, the background and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, the sentence of the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.