All appeals by prosecutors are dismissed.

2. In a case where there is no change in the terms and 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Narcotics crimes are highly harmful to the addiction and society, and the Defendant has been punished for the same kind of crime (three times of imprisonment, one time of suspension of the execution of imprisonment, and one time of fine).

However, the Defendant recognized the instant crime, and the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. on January 2007, and was punished by a fine for the crime of narcotics committed around February 2010 and around February 2003, there was no record of the same crime for about ten years.

Defendant

In addition, the circumstances asserted by the prosecutor on the grounds of appeal are considered in the sentencing process of the court below, and there is no new change in circumstances that make it possible for the court to change the sentence of the court below.

In addition, when comprehensively considering the defendant's age, sex, environment, motive for the crime, circumstances after the crime, health conditions, etc. and the scope of the recommended punishment according to the sentencing guidelines (from October to three years), which are shown in the hearing of the court below and the party deliberation, the punishment sentenced by the court below shall be appropriate, and it shall not be deemed unfair or unfair as it is too heavy.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.