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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 of one year and two months.
Defendant .
Reasons
1. The gist of the reasons for appeal (unfair sentencing) by the lower court (abs. 1 and 2 months of imprisonment, confiscation, additional collection, Defendant B: imprisonment with prison labor for a year and 1 and 6 months, and additional collection) asserts that the Defendants are too small and the prosecutor is too unfasible and unfair.
2. Determination
A. Determination as to the assertion against Defendant A by both parties on the charge of the instant crime is favorable to the Defendant, and the fact that there was no past record of criminal punishment for the same kind of crime, and that there contributed to the arrest of other drug offenders by actively cooperating with the investigation.
On the other hand, the crime of this case is unfair for the following reasons: (a) the Defendant purchased or administered phiphones; (b) received or sold phiphones purchased to another person; or (c) attempted to sell them jointly with Defendant B, but the nature of the crime is not less than that of the attempted crime; (c) the amount of phiphones handled by the Defendant is not much equivalent to 20gs in total; (d) the number of times the crime is handled (7 times, once sold, once sold, once purchased, once purchased, twice given, six times given, and six times); and (e) the crime related to narcotics is likely to cause harm and harm to the society as a whole, such as the physical and mental health of an individual and harm to the public health.
In full view of the above circumstances and other factors of the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too heavy or is deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.
B. Considering the fact that the crime of this case as to the assertion on Defendant B by both parties is the fact that the Defendant purchased or administered phiphones, received or sold the purchased phiphones to another person, or attempted to sell them jointly with the Defendant A, but the nature of the crime is not weak due to the attempted crime, etc., the Defendant should be punished strictly.
However, on the other hand.