마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the reasons for appeal (unfair sentencing) of the lower court’s sentence (three years of imprisonment and confiscation) is too unreasonable.
2. As for the judgment of a narcotics crime, the social harm and injury, in particular, the importation of narcotics, contained in the risk of domestic circulation, cannot be deemed to be such a crime.
The amount of penphones imported by the defendant is not a small amount of 41.03g.
In addition, in full view of the Defendant’s age, sex, environment, motive and background leading up to the commission of the crime, means and consequence of the crime, and all the sentencing conditions shown in the arguments, such as the circumstances before and after the commission of the crime, the sentence of the court below sentenced the Defendant to three-year imprisonment is not heavier.
The defendant's argument of sentencing is without merit.
3. 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.