All appeals by the defendant and the prosecutor are dismissed.

1. Summary of reasons for appeal: Improper sentencing; and

A. The sentence imposed by the court below (the penalty of imprisonment of three years, the suspended execution of four years, 2,425,00 won) is too unreasonable.

B. The sentence imposed by the lower court on the Prosecutor’s ground of appeal is too unfasible.

2. Determination

A. The relevant legal doctrine’s sentencing on the basis of statutory penalty is a discretionary judgment that takes into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act within a reasonable and reasonable scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the first instance sentencing determination (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The offense related to narcotics, etc. in this court is highly likely to cause harm to the health of the people or cause other crimes due to its toxicity, etc., and thus, it may cause serious social harm. The offense in this case was repeated over a considerable period of time (six months). The import of narcotics, etc. was actively asked by another person, and was very large and large, and used.

the defendant's possession and some of the risks of circulation are given and received from others.