Defendant

All appeals by prosecutors are dismissed.

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and two months of imprisonment), and the prosecutor is too unfasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). It is recognized that the Defendant was involved in the administration of a phiphonephone.

However, narcotics crimes are highly harmful to their addiction and society, and the defendant has been punished for the same kind of crime 17 times and are punished for the same repeated crime.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, living environment, motive of crime, and the scope of the recommended punishment according to the sentencing guidelines (one year to three years), as shown in the hearing of the court below and the political party, the punishment sentenced by the court below cannot be deemed as being too heavy or unreasonable because it is too heavy.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.