마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court on the summary of the grounds for appeal (one year and six months of imprisonment, confiscation, and collection KRW 400,00) is too unreasonable.
2. The fact that the Defendant recognized all of the instant crimes is an element of sentencing favorable to the Defendant.
However, the fact that the Defendant, who was subject to criminal punishment for a drug-related crime, committed another crime of this case again before the lapse of one month from the execution of punishment for a drug-related crime, is an element of sentencing unfavorable to the Defendant.
In addition, considering various sentencing conditions in the instant case, such as the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be reasonable and unfair because it is too unreasonable.
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.