Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing for each sentencing) of the lower court’s punishment (one hundred thousand won of imprisonment with prison labor for up to eight months and additional collection) is too heavy or (one hundred thousand won of the Defendant).
2. We examine both the judgment and the prosecutor’s respective unfair claims for sentencing.
In light of the fact that the Defendant had committed the instant philoon medication in one month after having completed the execution of imprisonment with prison labor, and that the Defendant was under investigation by the investigative agency for more than three years, and that there was no clear disclosure about the source of philoon, etc., there seems to be lack of reflectiveness.
However, prior to the instant case, the Defendant did not have had a criminal record related to narcotics, and even the instant case appears to have been a crime of single-time medication, and later, the Defendant appeared to have been voluntarily present at the investigation agency at the latest, and there are circumstances to be considered favorable to the Defendant.
In addition to the above circumstances, considering the various circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the Defendant’s age, sex, and environment, the lower court’s punishment is too heavy or unbrupted and thus, cannot be deemed unfair.
Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.