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All appeals filed against Defendant A by the Defendants and the Prosecutor are dismissed.
Reasons
1. The defendants of the grounds for appeal asserted that the punishment imposed by the court below (one year and four months of imprisonment, 300,000 won of collection, 1 year and one year of imprisonment, and 200,000 won of collection) is too unreasonable, and the prosecutor asserts that the sentence imposed by the court below to the defendant A is too small and unfair.
2. Determination
A. It is recognized that Defendant A partially recognized all of the instant crimes and reflects the mistake, etc. when Defendant A was in the first instance.
However, the crime of this case committed by Defendant A was limited to the administration and sale of phiphones; Defendant A committed the crime of this case even though there was the history of punishment for violation of the Act on the Control of Narcotics, Etc. in the past; the crime of this case is serious social harm caused by toxicity; and thus, there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment; Defendant A’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc. are considered as disadvantageous to Defendant A; and it is not recognized that the lower court’s punishment imposed on Defendant A is too heavy or unreasonable.
B. It is recognized that Defendant B recognized the instant crime and reflects the mistake.
However, the crime of this case committed by Defendant B is not easy to arrange the sale and purchase of phiphones, and Defendant B committed the crime of this case even though there was a past record of punishment for violation of the Narcotics Control Act (compacting) in the past, and the crime of this case is serious because the social harm caused by toxicity among narcotics is serious, and thus, it is necessary to strictize it. In addition, it is new to sentencing after the sentence of the lower judgment.