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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 eight months of imprisonment), and the prosecutor is too unfased 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). In light of the Defendant’s results of the assessment of the maternity and the statement in an investigative agency, etc., the Defendant appears to have administered a philopon habitually, and the amount of the philopon in possession is considerably 5.08g in total, and the amount of the philopon in possession is considerably 5.08g (in the same place, it was discovered that the blopon was a single-use injection, transparent vinyl, which was not used in the electronic shock, and that the blopon delivery of a philopon constitutes a repeated offense caused by the same narcotics.
Defendant
In addition, the circumstances alleged by the prosecutor on the grounds of appeal are deemed to have already been considered in the sentencing process of the court below, and there is no new change in circumstances that could change the sentence of the court below in the trial.
When comprehensively considering the conditions of sentencing and the scope of recommended sentences according to the sentencing guidelines, such as the character, conduct, environment, motive, means and consequence of the crime, circumstances after the crime, previous convictions (nine times in actual form), family relationship, health status, etc. as shown in the deliberation and arguments by the court below and the party concerned, the sentence of the court below is too heavy or too unreasonable because it exceeds the reasonable scope of discretion.
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.