마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (one year and two months of imprisonment, and two hundred thousand won of surcharge) is too unreasonable.
2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, that the crime of this case purchased a phiphone and administered the medication, and that the defendant cooperates with the investigation of narcotics in the trial.
However, the Defendant has many records of having been sentenced to criminal punishment for the same kind of crime. The instant crime was committed on March 25, 2015 by having been sentenced to one year to imprisonment for the same crime and terminated the execution of the sentence, and thus, there is a high possibility of criticism that the Defendant was released from the prison despite the period of repeated crime, and committed a crime again for two months. In full view of the various circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, it cannot be deemed that the lower court’s punishment 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 ground that it is without merit. It is so decided as per Disposition.