마약류관리에관한법률위반(향정)등
All appeals by the defendant and the prosecutor are dismissed.
1. Regarding the summary of the grounds for appeal (unfair sentencing), the defendant asserts that the defendant is too unafford and unfair, and that the prosecutor is too unafford and unfair. The prosecutor is too unafford and unfair.
2. We also examine the judgment and prosecutor’s improper claims for sentencing.
It is necessary to severely punish narcotics crimes with great harm to society as well as avoiding the body and mind of an individual.
As long as the Defendant was sentenced to the suspension of the execution of imprisonment for the same kind of crime in 2017 and the period of the suspension of the execution expires, the Defendant committed the instant crime again, and there is no such criminal liability as driving under the philopon medication and causing danger to public safety.
Such circumstances are disadvantageous to the defendant.
However, the defendants are both aware of the crimes, and they are against the will to stop narcotics, and the family members of the defendant are also leading the defendant while complaining of the prior action.
This is the circumstances favorable to the defendant.
In addition, in consideration of various sentencing conditions shown in the records and arguments, such as the defendant's age, career, sex, environment, family relationship, health status, motive and background of the crime, and circumstances after the crime, etc., the sentence of the court below is deemed to have been made within the scope of the court's discretion in sentencing, and is too heavy or unreasonable.
3. As such, the appeal 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.