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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for not less than eight months.
except that this judgment.
Reasons
1. The summary of the grounds for appeal (the defendant A: imprisonment with prison labor for a year and two months, additional collection, defendant B: imprisonment for a year and eight months, confiscation and additional collection) declared by the court below to the defendants is too unreasonable.
2. The number of the crimes of this case is more likely to repeat the crime. The defendant A purchased phiphones in small quantity and delivered them several times to the defendant B, who was de facto in charge of the crime, and the defendants had been punished by the same force before (the defendant A was sentenced to one and half years of imprisonment in 2002 and 2005, and the defendant B was sentenced to two years of suspended sentence in 8 months of imprisonment in 2005). In particular, on August 2004 and around January 2005, the defendants administered phiphones together and were sentenced to a suspended sentence for 1 year and 6 months, and the defendant B was sentenced to a suspended sentence for 2 years in 20 years and 3 years in 205, and the defendants committed the crime of this case with the same force for 2 years and 3 years in 20 years in 205.
In addition, considering the relationship between the Defendants, the same force, family relations, the circumstances after the crime of this case, and the conditions of sentencing as shown in the argument of this case, etc., the sentence of the lower court against Defendant A is deemed appropriate. As such, Defendant A’s assertion is without merit, and the lower court’s punishment against Defendant B seems to be somewhat heavy, Defendant B’s assertion is with merit.
3. In conclusion, Defendant B’s appeal is reasonable, and thus, Defendant B’s appeal is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and this part of the judgment of the court below is again decided as follows, and Defendant A’s appeal is dismissed.