마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the defendant is favorable to the confession and reflect of the crime of this case.
However, in the year when the defendant was released from prison after being sentenced to imprisonment twice for the same crime, the crime of this case is repeatedly committed in the same crime, and the possibility of criticism and the risk of recidivism is high in the year when the crime of this case is discharged from prison, the defendant is not limited to simply administering phiphones received by the defendant, and the amount of phiphones received by the defendant is less than 1g.
In full view of the circumstances, such as the fact that narcotics crimes cannot be said to be severe, and the fact that they are highly harmful to the society due to their degree of gambling, toxicity, possibility of linking with other crimes, etc., and other unfavorable circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., as well as various sentencing conditions as shown in the records and the theory of changes, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.
Therefore, the defendant's above assertion is without merit.
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.