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All appeals filed by the prosecutor against the defendant B, E and the appeal filed by the defendant A and C are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Each sentence (Defendant B: August, and Defendant E: imprisonment with labor for one year) sentenced by the court below against Defendant B and E is too unhued and unfair.
B. Each sentence (the Defendants: 8 months of imprisonment) sentenced by Defendant A and C by the lower court is too unreasonable.
2. Determination
A. The crime of this case committed by Defendant B is a case where the above defendant illegally stayed in the Republic of Korea and administered merpter (one philopon). Considering the frequency of the crime, the quantity of the native mental medicine handled, etc., the crime is not good. In light of the addiction of narcotics and the harm caused by medication, etc., it is necessary to strictly punish and eradicate narcotics crimes, and it is deemed that the result of the amblopon evaluation shows that the degree of amblopon addiction is not less than that of the defendant in light of the reaction of “training.” However, the defendant's amblopon addiction in the confession of the crime of this case, and the simple medication is contrary to the mistake of the defendant, and the defendant's amblopon medication was without the power of criminal punishment in the Republic of Korea, and there is no other favorable circumstance that the defendant's age, sex, environment, motive, motive and circumstance leading up to the crime of this case, etc., and there is no reason for the court below's determination of sentencing.
B. The crime of this case committed by Defendant E needs to be strictly punished and eradicated in light of the frequency of the crime, the quantity of the native mental medicine handled, the sales proceeds, etc. in consideration of the following: (a) the crime of this case committed while illegally staying in the Republic of Korea; and (b) the addiction of the narcotics and the harm caused by the medication of the narcotics; and (c) the crime of selling phiphonephones, in particular, narcotics, to the neighbors.