마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the order to attend pharmacologic treatment and the additional collection of 20,00 won) declared by the court below is too unreasonable.
2. The circumstances favorable to the defendant are that the defendant did not have any record of being punished as a crime of the same kind, and that the crime of giving and receiving each of the instant phiphones was for a simple medication.
On the other hand, the defendant's maternity is also detected, and the degree of addiction is not weak, and the defendant has been punished for the suspension of the execution of imprisonment with prison labor for several times due to a double crime, and there is a record that the defendant has been punished for the suspension of the execution of punishment.
In addition, there is no special circumstance or change of circumstances that can be newly considered after the pronouncement of the judgment below, the punishment imposed by the court below is too unreasonable, considering the records of this case and all of the sentencing conditions stated in the change theory, such as the receipt and administration of phiphones, the frequency of the receipt and administration of phiphones, the age, sex, environment, motive and circumstance of the crime, etc., and the circumstances after the crime.
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.