The sentence of the court below (a prison term of three years, a suspended sentence of five years, probation, community service and pharmacologic treatment order, confiscation and collection) is too unreasonable.

Judgment

The instant crime was committed between January 2016 and April 2016 by the Defendant: (a) purchased cocar, X-mail, marijuana, etc. and administered cococars; (b) attempted to smoke marijuana; and (c) sold part of the said narcotics to others.

The circumstances favorable to the defendant can be considered in light of the following: (a) the defendant seems to have a strong intention to refrain from committing a crime that is late and against his mistake; (b) the defendant has no previous record of criminal punishment as well as criminal records; (c) the volume and value of narcotics handled by the defendant is relatively small; and (d) the defendant actively cooperates in the investigation of narcotics and voluntarily surrenders to the defendant, etc.

On the other hand, narcotics-related crimes are crimes that cause degradation of individuals, families, and society as a whole due to addiction and disacilation, and require strict countermeasures. The defendant acquired various kinds of narcotics, etc., and sold them again without being limited to simple medication or possession, and the fact that the defendant acquired narcotics, etc. twice without being limited to one time, can be considered as disadvantageous to the defendant.

In addition, in full view of all the sentencing conditions of the instant case, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and result of the offense, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee, the sentence imposed by the lower court is too unreasonable

Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is not reasonable.