마약류관리에관한법률위반(향정)
All appeals by the defendant and the prosecutor are dismissed.
1. The grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment (one year of imprisonment, additional collection) is too heavy or too weak (the prosecutor). 2. The Defendant provided cooperation with the investigation by informing the drug offender at the trial of the party.
However, considering these circumstances, the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion, in full view of all the conditions of the arguments and the sentencing indicated in the record, including the Defendant’s age environment, motive means of crime, etc., including the circumstances unfavorable to the Defendant (the crime during the period of suspension of execution due to the crime of the same type) and favorable circumstances (a confession, simple medication, etc.) and favorable to the Defendant, as stated in the reasons for sentencing.
There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant and the Prosecutor’s assertion are without merit.
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.