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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. On the summary of the grounds for appeal, the defendant asserts that the defendant is too unfasible to the punishment sentenced by the court below (one year and four months of imprisonment), and the prosecutor is too unfasible and unfair.
2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The fact that the Defendant recognized and reflected the offense, and the family members of the Defendant would be treated for the Defendant.
At the same time, it is advantageous that there is a strong ties between family members, such as seeking a preference.
On the other hand, from around 198, the Defendant had been punished for committing the crime of narcotics by putting knife with knife with knife with knife with knife with knife with knife with knife with 15 times, and it was less than 3 months after the last crime of this case
The court below set the punishment against the defendant by comprehensively taking into account such favorable circumstances and unfavorable circumstances, and there is no new change in circumstances that make it possible to change the punishment of the court below in the trial.
When comprehensively considering the conditions of sentencing, such as the character, conduct, environment, and health conditions of the defendant, as well as the scope of the recommended punishment according to the sentencing guidelines as shown in the above circumstances and the deliberation by the court below and the party concerned, the sentence of the court below cannot be deemed to have exceeded the reasonable scope of discretion, or to have exceeded, or to have been too heavy, or unreasonable.
3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.