Defendant

All appeals filed by A and prosecutor are dismissed.

Summary of Grounds for Appeal

Defendant

A (Penalties) The punishment sentenced by the lower court (one year of imprisonment, confiscation, additional collection of 500,000 won) is too unreasonable.

The prosecutor (unfairly unfair) sentenced by the court below to the defendants (the defendant A: 1 year of imprisonment and 2 years of confiscation, additional collection of 50,000 won, probation, and community service order of 120 hours) are too unafford and unfair.

Judgment

Defendant

A Sentencing parts are examined together with the defendant A and the prosecutor's allegation of unfair sentencing.

The fact that the defendant acknowledges and reflects the crime, the health of the defendant is not good, and the fact that the defendant cooperates in the investigation of the drug crime by revealing the merchant line of the crime of this case, etc. is considered favorable to the sentencing.

On the other hand, the fact that the defendant has already been sentenced to imprisonment several times for the same crime, that the defendant committed the crime of this case at the same time during the period of repeated crime for the same crime, that he committed the crime of this case at the same time without being limited to mere possession or medication, and that he sells or provides phiphones to the third party, and that the case is serious and the nature of the crime is not good, should be considered disadvantageous

In this context, considering various circumstances such as Defendant’s age, character and conduct, background, means and consequence of the crime, and the circumstances after the crime, it cannot be said that the sentence imposed by the court below is too minor or unreasonable.

Defendant

In the sentencing of B, the Defendant has a variety of criminal records identical to that of the Defendant, and the frequency of the instant crimes is not a large number of times, and the act of arranging the philophones beyond a simple medication or possession reaches the commission of the crime, etc. is disadvantageous to the sentencing.

However, the fact that the defendant actively cooperates with the important contents of the investigation into drug crimes, the fact that he seems to have been well aware of the same kind of crime for seven years after the last crime, the fact that all of the crimes of this case are recognized and reflected, the defendant's health status is not good, and it is the case for a certain period.