마약류관리에관한법률위반(향정)
All appeals by the defendant and the prosecutor are dismissed.
The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too heavy or unreasonable, as it is too heavy, for each punishment of 2-A, of 3,000,000 won for each crime, and imprisonment of 1 year and 10 months for each other, confiscation, additional collection of 11,010,000 won for each other.
2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court that the Defendant both recognized the crime and did not repeat the crime.
In light of the circumstances favorable to the Defendant, the lower court sentenced the following: (a) that there is no record of punishment exceeding the suspended sentence, (b) that there was no record of punishment exceeding the suspended sentence, (c) that there was cooperation in the investigation into the sales books with accomplices, (d) that some crimes should consider equity with the case where the judgment was rendered simultaneously with the case where the judgment became final and conclusive; (b) that there was re-offending during the suspended sentence period due to the same crime; (c) that the amount and frequency of the purchased and sold penphones and the Defendant’s DNA was considerable; and (d) that there was a considerable number of
Although the family members of the defendant submitted a majority of the applications in the trial court, there is no change in the conditions of sentencing compared to the original court because it is difficult to see them as new sentencing materials, and in full view of all the reasons for sentencing as stated by the lower court and the reasons for sentencing as shown in the records of the case and the trial process, it is not recognized that the sentencing of the lower court is too heavy or it exceeded the reasonable scope of discretion.
All of the arguments of the defendant and the prosecutor are rejected.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.