마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of one year and six months, confiscation, collection 100,000 won) is too unreasonable.
2. The fact that the judgment of the accused recognizes and reflects the crime, and that the health of the accused is not good, etc. are favorable to the sentencing.
However, considering the following: (a) the Defendant’s simple medication of philophonephones and sells it to a more severe crime; (b) the Defendant has a past record of serving five times the sentence for the same crime; and (c) there is no special reason to change the sentence of the lower court when the Defendant was sentenced to a suspended sentence one time; and (d) various conditions of sentencing, such as the Defendant’s age, sex, environment, criminal record, motive for the crime, and circumstances after the crime, such as the Defendant’s age, sex, criminal record, criminal history, motive for the crime, etc., it cannot be deemed unfair
3. In conclusion, 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 is without merit. It is so decided as per Disposition.