마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
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 300,000 won) is too unreasonable.
2. The judgment of the defendant led to the confession of the crime and the reflection of the crime, and cooperate with the narcotics investigation company.
There are circumstances in which the family should support, the mental health is not good, and the defendant's punishment appeals against the ship.
However, it is inevitable to keep the defendant under detention for a considerable period of time.
On November 27, 2013, Supreme Court Decision 2013Ma6380 Decided November 27, 2013, which held a suspended sentence of imprisonment with prison labor for a crime of philophone medication in 2013, which was four years ago: (a) 2 years of suspended sentence of ten months; (b) protection observation, community service, additional collection of 80 hours; and (c) 100,000 won.
Not only urines but also philophones have been detected.
The court of the court below rendered the sentence against 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.
Although it is recognized that the defendant informed one supplier, who was arrested and prosecuted, and that the defendant constitutes "important investigative cooperation," which is a special sentencing in the sentencing guidelines, is more likely to be sentenced to more than 10 months, due to a more serious type of crime than that of the defendant of K who is the defendant of the High Court 8799, the defendant of the High Court 2017 High Court, the defendant of the Republic of Korea.
The administration of this case is several times and has the same criminal record, the strong addiction of philophones and fear of recidivism, and serious personal and social harm should be taken into account.
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. Conclusion.