마약류관리에관한법률위반(향정)
All appeals by the Defendants and the Prosecutor are dismissed.
1. The defendants asserts that the main points of the grounds for appeal in the judgment below (one year of imprisonment, confiscation, and collection) are too unfasible to the defendants, and the prosecutor is too unfasible and unfair.
2. The Defendants’ records of criminal punishment for the same crime are about nine times in Defendant A and Defendant B up to seven times in each case’s repeated crime period, and narcotics-related crimes require strict punishment as serious crimes with great social harm and risk of recidivism, etc.
However, in full view of the following factors: (a) the Defendants led to the confession of all crimes of this case; (b) the Defendants cooperation in the relevant investigation by informing the investigative agency of narcotics-related crimes to arrest the said person; and (c) the Defendants’ age, character and conduct, environment, family relationship, motive and circumstance of the instant crime; and (d) all of the sentencing conditions stated in the instant pleadings, including the motive and circumstance after the commission of the crime, etc., the punishment imposed by the lower court against the Defendants is too heavy or unreasonable.
3. In conclusion, the appeal filed by both the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.