마약류관리에관한법률위반(향정)
All appeals by the Defendants are dismissed.
Defendant
A shall state the facts constituting a crime in the judgment of the court below.
1. The summary of the grounds for appeal (the imprisonment of one year and six months, confiscation, additional collection, and the imprisonment of one year and additional collection) of the lower court is too unreasonable; and
2. It is recognized that the Defendants shown the attitude of both recognizing and reflecting the instant crime, Defendant A suffers from mental illness such as unstable disorder and depression, and Defendant B has no record of punishment for the same kind of crime.
However, the crime of this case is committed by the Defendants that sell, administer, possess, or attempted to sell a considerable quantity of merpters (hereinafter “conphones”) over several occasions. In light of the method and content of the crime, etc., the Defendants’ nature of the crime is very poor. Defendant A back to the crime of this case despite the fact that he had been punished twice as a same crime, despite the fact that the crime of this case was committed for the same kind of crime, and the crime of narcotics requires strict punishment inasmuch as social harm caused by toxicity, etc. of narcotics is serious and high risk of undermining the health and social safety of the people, and thus, the Defendants’ age, career, character and environment, motive and circumstance of the crime of this case, method and consequence of the crime of this case, etc., and the sentence of the court below is in violation of the guidelines for recommendation, balancing, ① the scope of imprisonment with prison labor for the act of violation of the Narcotics Control Act (ab) and the basic scope of imprisonment with prison labor for 2 years from or without prison labor for 3 years from among the crimes of this case.