마약류관리에관한법률위반(향정)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
3.2
1. Summary of grounds for appeal;
A. The sentence imposed by the court below on the Defendants (Defendant A: imprisonment of one year and two months, and Defendant B: imprisonment of ten months) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unjust.
2. Determination
A. As to the Defendant’s assertion and the Prosecutor’s assertion on Defendant A, Defendant A’s confessions all of the crimes and reflects the wrongs, and the fact that the person who was the wife of the above Defendant wanted to take the Defendant’s wife is favorable to the above Defendant.
However, the above defendant committed the crime of this case without being sentenced to the suspension of the execution of imprisonment due to the crime of joint injury, which committed the crime of this case without being sentenced to the suspension of the execution of imprisonment, and committed the crime of selling and selling sludge and smoking marijuana in the past, and the above defendant not only administered phiphones but also delivered them to other persons. Considering the harm and injury inflicted on society, the above defendant's strict punishment is an unfavorable circumstance against the above defendant.
In addition to the above circumstances, considering the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and all of the sentencing conditions indicated in the present arguments and records, it cannot be deemed that the sentence of the court below is too heavy or unreasonable.
The above defendant and prosecutor's assertion are without merit.
B. In light of the following: (a) Defendant B’s assertion of Defendant B and the Prosecutor’s argument on Defendant B’s assertion that the crime was committed by carrying dangerous articles and thereby committed the instant crime during the period of suspension of the execution of imprisonment, which was sentenced to the suspension of the execution of the sentence; and (b) the said Defendant had the record of having been sentenced to the suspended execution of imprisonment for the same kind of crime
However, the above defendant.