마약류관리에관한법률위반(향정)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment imposed by the lower court (a year of imprisonment and an additional collection of 200,000 won) is too unreasonable.
B. Prosecutor 1) Of the judgment of the court below on the erroneous determination of facts, the part of the judgment of the court below which acquitted (the receipt of philophones on August 29, 2018 and the receipt of philophones on August 30, 2018) made confessions of this part of the facts charged from the police investigation to the court of the court below, and there is credibility of confessions. However, according to the Defendant’s communication data, around August 22 and 51, 2019, the base station transmitting the Defendant’s cell phone from around August 29, 2019 is U and its surroundings, and P recognized the fact that only U and U were only the Defendant around the date stated in this part of the facts charged, which constitutes evidence supporting the Defendant’s confession. Nevertheless, the court below acquitted the Defendant of this part of the facts charged on the ground that there is no evidence supporting the Defendant’s confession. The court below erred by misunderstanding of facts.
2. Determination
A. In the part of the defendant's assertion of unfair sentencing by the prosecutor, the defendant was sentenced several times for the same crime, and the defendant committed the crime of this case at the same time during the repeated crime period, etc., which is disadvantageous to the defendant, while the defendant shows an attitude to recognize and reflect all of the crimes of this case, he voluntarily surrenders to the violation of the Resident Registration Act and the violation of the Private Signature Registration Act, and the fact that he seems to have been given a short term after being released from the previous crime for a long time.
In full view of the circumstances above, comprehensively taking into account the circumstances leading up to the Defendant to commit the crime, the Defendant’s age, health status, character and conduct, environment, and circumstances after committing the crime, the sentence imposed by the lower court is too heavy or uneased.