마약류관리에관한법률위반(향정)
Defendant
All appeals by prosecutors are dismissed.
1. As to the punishment of the lower judgment (as to the crime No. 1 in its holding, 6 months of imprisonment and 20,000 won of suspended execution and 200,000 won of collection in two months of imprisonment with prison labor), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. Where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no particular difference in the conditions of sentencing between the lower court and the first instance court, and comprehensively considering the reasons for sentencing as stated by the lower court, the lower court’s sentencing was too heavy or unhued so far as it goes beyond the reasonable scope of discretion.
Therefore, the defendant and the prosecutor's argument are without merit.
3. In conclusion, 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.