마약류관리에관한법률위반(향정)
Defendant
The appeal by the prosecutor is dismissed.
1. Improper sentencing for each of the reasons for appeal;
2. The lower court rendered a sentence lower than the lower limit of the recommended punishment on the sentencing guidelines, taking into account the circumstances favorable to the fact that the Defendant was sentenced to the suspension of execution in 198 and 201 for the same crime, the fact that the Defendant was indicted for the provision and medication of phiphones without compensation, the amount of phiphones handled is not large, confession and reflect, and that the health is not good.
The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.
The grounds for appeal by the defendant and the prosecutor are already considered in the sentencing judgment of the court below, and the sentencing conditions have been significantly changed in the trial of the court below.
There is no circumstance to consider.
In addition, in light of the fact that the above sentencing is significant and that the defendant suffers from severe disease and the health of the defendant, such as inserting the motive in the chest and inserting the content in the chest, etc., the sentencing of the court below equivalent to the lower limit of the recommended sentencing guidelines is within the reasonable scope of the discretion.
I seem to appear.
Therefore, the defendant and prosecutor's argument is without merit.
3. In conclusion, the appeal by the Defendant and the prosecutor is without merit, and it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure: Provided, That the crime of the lower judgment ex officio pursuant to Article 25 of the Rules on Criminal Procedure (Article 25 of the Rules on Criminal Procedure, “1. free receipt and delivery of philopon” shall be corrected to “1. free provision of philopon”).