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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 a year and six months.
Defendant .
Reasons
1. The decision of the court below on the gist of the reasons for appeal (the collection of 1 year, confiscation, 1,200,000 won and 2 years, 12,445,90 won and 2 years, 900 won and 1 year, 12,445,90 won) is too unreasonable.
2. Determination
A. The fact that Defendant A recognized all of the crimes, and the fact that Defendant A cooperated in the investigation, etc. are favorable for sentencing.
However, Defendant A again committed the instant crime during the period of repeated crime due to the same crime, and there is a history of 12 times the sentence for the same crime, 12 times the suspended sentence, 2 times the fine, and 3 times the sentence for the same crime, Defendant A also delivered a philopon to another person, and Defendant A cannot be deemed unfair by taking into account the various circumstances that are disadvantageous to sentencing, such as the fact that the form of the instant crime is heavy since the number of times the philopon was given and received or administered in simple possession or medication, and the form of the crime is not considerable.
B. Although Defendant B had a lot of records of criminal punishment for the same kind of crime, Defendant B again committed the instant crime during the period of repeated crime; and Defendant B’s philopphones sold or delivered by Defendant B are not much significant, etc. are disadvantageous to sentencing.
However, Defendant B actively cooperate with the investigation agency to arrest the person charged with philophones and arrest the person charged with the philophones and seizure of approximately 113 g of philophones, and cooperates with the investigation of the person who appears to have been supplied with philophones and distributed them to others, and cooperates with the investigation of the person who received and purchased philophones from Defendant B even after the decision of the court below is made, Defendant B voluntarily surrenders to certain crimes such as philophones, and the prosecutor cooperates with the investigation.