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 six months, confiscation, and collection of penalties) of the lower court is too unreasonable.
2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the
In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, based on its stated reasoning, sentenced the Defendant to the said punishment.
The circumstances cited by the defendant as the reasons for appeal are the factors that have already been determined by the original court and sufficiently taken into account, and there is no circumstance that can be specially considered in the trial, and there is no change in the conditions of sentencing.
Specifically, the fact that the defendant acknowledges his mistake and reflects his depth, and that he has no record of punishment for the same kind of crime can be considered as favorable circumstances to the defendant.
However, it is necessary to strictly cope with narcotics-related crimes because they have a negative impact on society as a whole due to their halluity and toxicity.
The amount and frequency of penphones administered and received by the defendant is reasonable, and the quality of crime is not good.
The period of repeated crime and suspended execution for the defendant's crimes.