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The judgment below
Of them, the part on Defendant E shall be reversed.
Defendant
Punishment for E shall be KRW 7,00,000.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court against Defendant C (two years of probation, probation, and community service order for eight months of imprisonment) is too unreasonable.
B. The punishment sentenced by the court below to Defendant E (six months of imprisonment) is too unreasonable.
C. The sentence imposed by the prosecutor by the court below on Defendant B (six months of imprisonment) is too unfilled, and the above sentence imposed on Defendant E is too unreasonable.
2. Determination
A. In light of the following circumstances: (a) Defendant C’s mistake is recognized by Defendant C; (b) there is no criminal punishment prior to the instant crime; (c) narcotics-related crimes are disadvantageous to Defendant C in terms of social harm and risk of recidivism; and (d) the motive and circumstance leading up to the instant crime; (c) circumstances leading up to the instant crime; (d) the age before and after the instant crime; and (e) circumstances leading up to the sentencing indicated in the records, such as the Defendant C’s age, character and conduct, environment, occupation, and family relationship, etc., the punishment imposed by the lower court to Defendant C is too unreasonable.
B. The crime related to narcotics in determining the grounds for appeal against the above defendant E and prosecutor does not seem to be weak in terms of social harm and risk of recidivism, the defendant has been punished four times for the same kind of crime, and the crime of this case was committed during the period of repeated crime, etc., which are disadvantageous to the defendant E, or the defendant E does not recognize and repeat his mistake through confinement life for a long time, and the crime of this case committed by the defendant E is favorable to the defendant E, such as that the crime of this case was sentenced to imprisonment of one year and two months for the same kind of crime at the Incheon District Court on October 21, 201 and each of the crimes of this case are ex post concurrent crimes under the latter part of Article 37 of the Criminal Act.