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Defendant
All appeals by prosecutors are dismissed.
Reasons
Summary of Grounds for Appeal
Defendant
The punishment (one year of imprisonment and additional collection) of the lower court is too unreasonable.
The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
However, it is recognized that the circumstances, such as the confession of the facts charged in this case by the Defendant, who surrenders himself to the investigation agency, and the Defendant’s act of committing the crime in this case was administered once by the Megatopist (hereinafter “Megaon”).
However, on April 4, 2014, the Defendant had a record of being sentenced to punishment more than 20 times for the same crime. In particular, on October 26, 2014, the Busan District Court sentenced 10 months to imprisonment for the violation of the Act on the Control of Narcotics, Etc., and committed the instant crime even after the enforcement of the sentence was completed on October 26, 2014; the Defendant committed the instant crime again during the repeated crime period; there is no special circumstance or change in circumstances that may be newly considered after the judgment of the court below was rendered; and the sentencing equality with the sentencing with the same and similar incidents; the Defendant’s age, character and behavior, character and environment, motive, means and method of the crime; and various sentencing conditions and the sentence imposed by the court below on the instant arguments, which were shown in the instant sentencing guidelines, are within the scope of sentencing guidelines for the former narcotics crime (amended on April 13, 2015, which was enforced on May 15, 2015).
In full view of the internal points, the sentence imposed by the court below is deemed to be appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.
Therefore, we cannot accept all the above arguments of the defendant and prosecutor.
Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.