마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (a 10-month imprisonment, a 3, 40,000 won additional collection) is too unreasonable.
2. The judgment defendant committed the crime of this case during the period of suspension of execution due to the same criminal record, and the defendant has already committed several criminal records of the same kind.
It is necessary to strictly punish narcotics-related crimes due to the social malicious behavior.
This is disadvantageous to the defendant.
However, the Defendant recognized and reflected the instant crime, and cooperated with the investigation, such as informing another narcotics offender through the offender.
This is the circumstances favorable to the defendant.
From 10 months to 2 years (special aggravated factors: special aggravated factors for the same kind of crime, special mitigation factors: important cooperation for investigation) since they fall under the basic sphere among the three types (p. b., c. and c.) such as medication and simple possession of sentencing guidelines established by the Supreme Court sentencing committee;
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable.
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.