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All appeals by the Defendants are dismissed.
Reasons
1. The sentence imposed by the lower court (Defendant A: Imprisonment of one year and eight months, additional collection of KRW 1,463,00, and Defendant B: Imprisonment of one year and four months, additional collection of KRW 1,100,000) is too unreasonable.
2. Determination
A. The crime of this case against Defendant A is recognized that the Defendant received, purchased, administered, and possessed phiphonephones even though the Defendant is not a narcotics handler, and smoked marijuana once, and that the Defendant recognized the crime of this case and reflects it, and that the health condition is not good.
However, in light of the fact that the Defendant has been punished four times for the same crime, and that the Defendant did not know of the fact that he had been punished four times for the same crime, even though he was a repeated crime for the same crime, and that it is not good to form the crime of this case after being released, and that he did not have a large amount of phiphonephones handled by the Defendant, and that the narcotics crime causes the debrising of individuals, homes, society and human beings, and requires strict punishment in that it is a social path beyond individual criminal acts, and other various circumstances that are conditions for sentencing, such as the Defendant’s age, sex behavior, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
B. It is recognized that the crime of this case against Defendant B was accepted, purchased, and administered philophones even though the Defendant is not a narcotics handler, and that the Defendant recognized the crime of this case and reflects the fact, and that there is an old age for support.
However, without being aware of the fact that the Defendant was under the suspension period for the execution of the same kind of crime, and without being aware of the nature of the crime, it is not good that the Defendant committed the crime in this case, and the amount of penphones handled by the Defendant is not large, and narcotics crimes cause the degradation of individuals, homes, society, and human beings as a whole, which exceeds the individual criminal acts.