마약류관리에관한법률위반(향정)
All appeals filed by the defendant and prosecutor are dismissed.
1. As to the gist of the grounds for appeal (e.g., imprisonment with labor, one year, and additional collection), the Defendant asserts that the Defendant is too unreasonable, and that the prosecutor is too uneased and unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 in the appellate
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.
In the trial of the party, although the defendant recognized and reflected the fact of philophone medication, it is difficult to see that there is a new circumstance to change the sentence of the court below. In addition, considering all sentencing factors as shown in the argument of the case, such as the defendant's age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the court below is too heavy or it is difficult to view that the sentencing of the court below exceeded the reasonable scope of discretion.
Therefore, the defendant and prosecutor's argument are without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.