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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 six months.
except that this judgment.
Reasons
1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s respective sentences against the Defendants (Defendant A: imprisonment of one year, confiscation, additional collection charges of 50,00 won, Defendant B’s imprisonment of six months, confiscation, and additional collection charges of 40,000 won) are too unreasonable.
2. Determination
A. Defendant A reflects his mistake, the quantity of penphones used by Defendant A and administered by Defendant A is not so large, Defendant A’s words, dynamics, bombs, and Defendant B wished to take the preference against Defendant A, Defendant A’s delayed disorder is favorable to Defendant A; Defendant A’s administration of narcotics is a serious crime detrimental to social and national soundness due to its toxicity; Defendant A was sentenced to a suspended sentence of 2 years in August 2006 and 1 year in 2008; Defendant A used five or more penphones and administered them over a year and one-year imprisonment; and Defendant A’s punishment is unreasonable in light of various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the age, character, and environment of Defendant A as indicated in the records and arguments of this case, etc.
B. The administration of Defendant B’s narcotics is a serious crime that may cause harm to the social and national soundness due to its toxicity, and the necessity of punishment is large, Defendant B’s age, character and behavior, environment, etc., which are shown in the records and arguments of this case. However, there is a large amount of penphones administered by Defendant B, Defendant B did not have any history of crime except the suspension of indictment due to the violation of the Music Industry Promotion Act in 2009. Defendant B’s misunderstanding, Defendant B’s misunderstanding, and Defendant B’s misunderstanding and sentence wanting the Defendant’s prior wife. In addition, the punishment is imposed, such as Defendant B’s age, character and behavior, and environment.