마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The reasoning of the appeal is that the sentence of the lower court (one year of imprisonment, two years of suspended execution, observation of protection and community service hours) is too unreasonable.
2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too unreasonable, in light of the following: (a) under favorable circumstances, the Defendant led to the confession of the crime; (b) the Defendant has no record of being punished for the same kind of crime; (c) the fact that he/she shows his/her intention to short-term medication; and (d) the fact that he/she has been punished several times of the crime by repeated medication of phiphonephones; and (e) the quality of the crime has not been mitigated.
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.