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Defendant
The appeal by the prosecutor is dismissed.
Reasons
1. As to the summary of the grounds for appeal (unfair sentencing of each sentencing) by the lower court (one month of imprisonment with prison labor for the crime No. 1 in its holding, and ten months of imprisonment with prison labor for the crime No. 2 and No. 3 in its holding), the Defendant asserts that the prosecutor is too unfasible and unfair.
2. The crime of this case is a normal situation that is favorable to the defendant, such as the following: (a) the defendant administered phiphonephones four times even though he is not a narcotics handler; (b) the defendant was in possession of a cryp 21 ping cryp, which is a local mental medicine, smoking and possession of marijuana; (c) the defendant fully recognized and reflected the crime of this case; (d) the defendant has no record of being punished for the same crime; and (e) the crime No. 1 of the judgment is in the concurrent relationship between the crime of special injury, etc. finalized and the latter part of Article 37 of the Criminal Act
On the other hand, even though the Defendant had been punished for a 202-year sentence with a similar crime, the Defendant went to the instant crime (the crime No. 1 in its holding), which administers scopon repeatedly in the short term, and the Defendant was detained on September 5, 2016 due to special injury, etc., and was released on September 30, 2016, after being sentenced to a suspended sentence of imprisonment with prison labor on November 30, 2016. The Defendant smokes marijuana after being released, and went to the instant crime (the crime No. 2 and 3 in its holding) in which he carries scopic or marijuana, it is difficult to discover light of the opening or scoponing. The Defendant’s quantity of marijuana held by him (the crime No. 131.5g in its holding), and it is necessary to punish the Defendant with a normal phenomenon beyond personal and social depression.
The above circumstances and other circumstances are the following conditions: Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime.