Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The main point of the grounds for appeal is that the court below's punishment (ten months of imprisonment) is too heavy or it is too heavy to the defendant.
2. It is reasonable to respect the sentencing of the first instance court when there is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). Considering that the Defendant recognized the facts charged in the instant case, recognized the Defendant’s intention to commit a crime, reflects the fact that the Defendant purchased a penphone for administration, does not participate in the distribution of phiphones for the purpose of administration, and does not take part in the distribution of phiphones for the purpose of administration, under favorable circumstances, such as the fact that the instant crime was committed without being aware of the fact that the Defendant was subject to suspended sentence due to narcotics, in light of the number of crimes, the number of crimes handled, and the quantity of phiphones handled, etc., the Defendant’s age, age, environment, family relationship, motive, means and consequence of the crime, and the following circumstances do not seem to have any special circumstances or changes in the sentencing.
3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.