beta
Text
The judgment of the court below is reversed.
Defendant
A Imprisonment with prison labor for two years and for one year and six months, respectively.
evidence of seizure.
Reasons
1. The summary of the grounds for appeal (the sentence imposed by the court below on the defendants A: imprisonment of two years and six months, confiscation, additional collection, defendant B: imprisonment of one year and eight months, additional collection) is too unreasonable.
2. Determination
A. In the case of Defendant A, he was sentenced to the punishment of 10 times for the same criminal offense and was sentenced to the punishment of 10 times for the same criminal offense on December 12, 2010, and committed the crime of this case without being aware of the fact that he had been punished for a repeated offense after the execution of the sentence was completed on October 6, 2011. The crime of this case is not limited to the purchase and administration of his own penphone, but is not limited to the purchase and administration of the Defendant B's penphone, the brokerage of the purchase and sale of the Defendant B's penphone, and the delivery of his penphone to Defendant B. However, there are unfavorable circumstances such as the confession of all of the crimes of this case, and the depth of his mistake is divided, cooperation with the investigation of Defendant B and G during the investigation process, and it appears that all of his penphones in his own house will be cut in the future, and it is recognized that the court below's sentencing conditions after all of the crimes of this case are unfair.
B. In the case of Defendant B, Defendant B had the record of being sentenced to four times of punishment for the same criminal offense and having been sentenced to imprisonment for the same crime on November 30, 201, and committed the instant crime on December 3, 201, without being aware of the fact that the execution of the sentence was completed and was in force for a repeated crime on December 3, 2011, and committed the instant crime. The instant crime was committed under the unfavorable circumstances, such as: (a) the receipt and administration for the administration of his penphones; (b) the delivery of phiphones to P; (c) however, Defendant B led to the confession of all of the instant crimes; and (d) the depth of his mistake is divided; (c) cooperation with the investigation of P and S; and (d) the Defendant’s age, character and behavior.