마약류관리에관한법률위반(향정)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal (a two-year suspension of execution for one year, observation of protection, and a surcharge of 700,000 won) of the lower court’s punishment (a two-year suspension of execution for one year) is too heavy or it is deemed unreasonable.
2. According to the fact that a judgment of narcotics crime is highly likely to repeat a crime and has a significant negative impact on the society as a whole, it is reasonable to impose a severe punishment on the defendant according to the following: (a) the number and quantity of narcotics administered or purchased by the defendant; (b) the number of times and quantity of narcotics administered or purchased by the defendant; and (c) the degree of such crime is very bad for others to do so.
However, it is also acknowledged that the Defendant committed the instant crime by purchasing narcotics by contingently at the time of the call, and allowing the victims to drink narcotics, and was not a purpose of medication, or was not a crime for the purpose of receiving and receiving others, and that there was no record of punishment for the same kind of crime, an agreement with the victims, and all of the instant crimes have been taken into account.
In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.