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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment imposed by the lower court (a year of imprisonment, confiscation, additional collection of KRW 206,00) is too unreasonable.
B. The prosecutor (e.g., imprisonment with prison labor, confiscation, additional collection of KRW 206,00) sentenced by the lower court is too uneased and unreasonable.
2. Determination
A. The lower court determined the Defendant’s punishment by comprehensively taking account of the following factors: (a) the Defendant had the history of punishment for the same crime; (b) constitutes a repeated offense; (c) cooperation in the investigation; and (d) the amount and frequency of penphones and marijuana handled by the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime;
B. In full view of the factors and guidelines for sentencing revealed in the sentencing hearing of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.
Furthermore, there are no circumstances suggesting that the lower court’s grounds for unfair sentencing alleged by the Defendant and the Prosecutor are the circumstances that have already been considered in determining the Defendant’s punishment, and that it is unreasonable to maintain the lower court’s judgment on the sentencing even in full view of the materials presented in the course of sentencing
Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.
3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.