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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the sentence imposed by the lower court (two years of imprisonment, and fine of three million won) is too unreasonable.
The above-mentioned sentence sentenced by the court below by the prosecutor is too uneasible and unfair.
2. We also examine the criminal defendant and prosecutor's unfair argument of sentencing.
In the case of narcotics-related crimes, it is not easy to detect them in terms of their characteristics, and there is a high risk of recidivism, and there is a high negative impact on the society as a whole due to decentralization, toxicity, etc.
In addition, the crime of perjury committed by a criminal defendant requires strict punishment as a crime that interferes with the discovery of substantial truth and infringes on the jurisdiction of the state.
The defendant has been punished several times for the crime related to narcotics.
Nevertheless, at least 3 months after release, the instant narcotics crime began to be prevented.
On the other hand, on the other hand, the defendant makes confession of perjury, and this should consider equity in the case where he has punished together with the crime of violation of the Act on the Control of Narcotics, etc. in the judgment of the court below which became final and conclusive.
In addition, it reflects one's own mistake in depth and is able to avoid one's own intention.
In addition, comprehensively taking into account various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, such as the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.