마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant provided active investigation cooperation by informing an investigation agency of the sales of the Mepta (hereinafter “Melopon”), etc., the punishment (one year and six months of imprisonment, confiscation, and collection KRW 100,000) imposed by the court below is too unreasonable.
2. Taking into account the circumstances alleged by the Defendant, each of the crimes of this case is deemed to have been administered once more than 0.05 g of philopon and to have approximately 141.83 g of philopon in total, and the case is not easy. Narcotics-related crimes are serious harm and danger of recidivism, and the Defendant has been punished several times in the past (six times of imprisonment and two times of suspended sentence of imprisonment) for the same crime, and in particular, on January 10, 2012, at the Seoul Western District Court sentenced three years of imprisonment for the violation of the Act on the Control of Narcotics, Etc. (fence) and again committed the crimes of this case during the period of repeated crime after completing the execution of the sentence on June 20, 2013, since the maximum sentence of imprisonment with prison labor for the Defendant under the sentencing guidelines was three years and eight years, and there is no evidence that the lower court already determined the Defendant’s punishment by taking into account the circumstances favorable to the Defendant such as active investigation and cooperation, the circumstances and reasons for each of this case.
3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.