마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
The costs of lawsuit by the court below shall be borne by the defendant.
1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a 10-month imprisonment, confiscation, collection 100,000 won) is too unreasonable.
2. The judgment seems to have led to the confession and reflect on the crime.
There is no good health and there is a situation in which parents should support their parents.
However, it is inevitable to keep the defendant under detention for a considerable period of time.
There are several criminal records, and there are two criminal records for the same kind of crime (one sentence for year 2001, one suspended sentence for year 201), and one suspended sentence for year 2012). The court of the original instance determined the sentence for the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the costs of lawsuit in the original instance.
It is the cost of the national defense counsel of the court below.
No defense counsel at the appellate court shall bear the expenses in consideration of the appointment of essential countries in accordance with statutory detention.