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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court against the Defendant (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. The judgment is a favorable condition that the Defendant led to the confession of the instant crime, and it appears that the amount and frequency of penphones handled by the Defendant is not much high, and that the Defendant’s health status is not good.
However, in light of the addiction of narcotics and the harm caused by medication of narcotics, etc., narcotics crimes need to be strictly punished and eradicated, and the crime of issuance of phiphones, such as the crime of this case, is likely to spread narcotics to the neighboring people, and there is a history of being sentenced to imprisonment three times for the same crime. In particular, on August 21, 2015, the Daegu District Court sentenced the punishment of one year for the same crime at the Daegu District Court on the same time on February 12, 2016 and sentenced the punishment of one year for the same crime on the same day. In light of the fact that the execution of the punishment was completed and the crime of this case was committed within four months after release without being aware of the fact that the degree of the Defendant’s phiphone addiction was detected from the mother of the Defendant.
In addition to the above circumstances, considering the scope of recommendations given by the Supreme Court on the sentencing guidelines for the instant crime, the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence, etc., and all of the sentencing conditions indicated in the records and theories on the changes, the sentence imposed by the court below is deemed appropriate. Thus, the Defendant and the Prosecutor’s assertion are without merit.
3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure).