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Defendant
All appeals filed by A, C, D and Prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence of the lower court against the remaining Defendants except Defendant D by the public prosecutor (Defendant A: imprisonment of one year, confiscation, and collection of 400,000 won; imprisonment of two years of probation; confiscation; collection of 200,000 won; imprisonment of one year and two months; confiscation; collection of 1.2 million won; imprisonment of one year and two months; confiscation; and collection of 1.2 million won; and Defendant A: imprisonment of one year and two years of probation; community service 120 hours; and collection of 1.2 million won) are deemed to be too uneasible.
B. Each sentence of the lower court against the Defendants A, C, and D (Defendant D: imprisonment of one year and six months, confiscation, and collection KRW 1350,00) is too unreasonable.
2. Determination of unfair argument about sentencing
A. Defendant A and C have a high risk of causing serious social harm, and thus, it is necessary to strictly punish the instant crime. Defendant A has been sentenced four times to imprisonment for the same kind of narcotics crime, and Defendant C committed the instant crime during the repeated crime period. Defendant C was sentenced to a suspended sentence of three years for the same kind of narcotics crime on June 18, 2015, and was sentenced to a suspended sentence of three years for five months and five months, and Defendant C again committed the instant crime during the suspended sentence of November 15, 2015. On the other hand, Defendant A voluntarily surrenders to the instant crime; Defendant A actively cooperates with the arrest of the narcotics offender; Defendant A supported Defendant A’s wife; Defendant A’s circumstances, after the instant crime; Defendant’s age, her age, her behavior, environment, etc. were revealed; Defendant C’s assertion that there is no undue or undue reason for each of the Defendants’ punishment.
B. Defendant B and AA narcotics crimes are highly likely to cause serious harm individually and socially, and thus, they need to be punished strictly. Although the Defendants had been punished for the same kind of narcotics crimes two times, they committed the instant crimes.