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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (limited to imprisonment of three years, fine of twenty million won, additional collection of KRW 246,246,00) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. In light of the harm and injury inflicted on individuals and society, the court below held that ① in order to protect our society from the narcotics crime which is rapidly wide-areaized and organized recently, it is more necessary to strictly cope with the narcotics crime in order to protect our society. The necessity of the trade of marijuana for business purposes is greater. The defendant has sold marijuana over 588 times for five months, and the nature of the crime is not very good in light of the period, frequency, profit, etc. of the sale of marijuana. The defendant committed each of the crimes of this case during the suspension of execution, and made false statements to an investigative agency to protect his accomplices. ② The defendant surrenders voluntarily surrenders after his arrest, and expressed an attitude against his wrongness; ③ the defendant has no record of criminal punishment for the same kind of crime; ③ the defendant's age, character and behavior; ③ the defendant's environment; the motive and motive of the crime; the records and circumstances of the crime of this case; and ② the defendant's punishment for 200 million won after the completion of the execution period.
In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.
Furthermore, the grounds for unfair sentencing asserted by the defendant and the prosecutor in this court are the circumstances in which the court below has already taken full account of the defendant's punishment while determining the defendant's punishment.