마약류관리에관한법률위반(향정)
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court (along with 10 months of imprisonment, additional collection), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The fact that the judged defendant acknowledges the crime of this case and reflects the mistake thereof, that there is no past history of criminal punishment or a fine heavier than that of the same kind of crime, and that the defendant must support the mother suffering from dementia, which is favorable to the defendant.
On the other hand, the crime of this case is committed against the defendant, on the other hand, because the defendant issued or sold the sum of 0.65g Mespheres and administered 0.29g Mespheres in total, etc. The crime of this case is highly harmful to society as a whole, such as avoiding an individual's body and mind and harming public health, and thus, it is necessary to strictly punish the crime. The imprisonment of 10 months sentenced by the court below is less than the lower limit of the recommended sentence (one year to three years) according to the sentencing guidelines of the Supreme Court sentencing Committee.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.