마약류관리에관한법률위반(대마)
The defendant's appeal is dismissed.
1. The fact that he/she recognizes the crime of the gist of the grounds for appeal and reflects the wrongness and does not repeat the same mistake again due to taking lectures in medical treatment;
Considering the fact that there is the parent to support, the fact that there is the parents to support, and the fact that the depression of the middle degree was the cause of the crime, the punishment of the court below (the imprisonment of August, the surcharge of 190,00 won) is too unreasonable.
2. The lower court, as indicated in its reasoning, determined a sentence against the Defendant, taking into account the favorable or unfavorable circumstances of the Defendant.
The circumstances alleged by the Defendant on the grounds of appeal were already considered in the sentencing process of the lower court, and there were no new changes in the lower court’s punishment in addition to the circumstances considered by the lower court.
In full view of all the sentencing conditions stipulated in Article 51 of the Criminal Act, as shown in the hearing of the court below and the party concerned, the court below’s punishment exceeded the reasonable bounds of discretion, or is unfairly heavy as the grounds for appeal.
shall not be deemed to exist.
Defendant’s assertion is without merit.
3. 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 for conclusion is without merit.