마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and additional collection) by the court below is too heavy.
2. In full view of all the circumstances, including the favorable circumstances (a simple medication, the Defendant’s health condition is not good) and unfavorable circumstances (such as the age and intelligence environment of the Defendant, the motive and consequence of the crime, and the circumstances after the crime, etc., where the lower court’s judgment was deemed to have exceeded the reasonable bounds of discretion, or it is unreasonable to maintain it as it is, there is no circumstance that the lower court’s judgment was deemed to have exceeded the reasonable bounds of discretion, in light of the following: (a) the Defendant’s age and intelligence environment; (b) the motive and means of the crime; and (c) the circumstances after the crime
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant’s assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.