마약류관리에관한법률위반(향정)등
All appeals by the Defendants are dismissed.
1. In light of the summary of the grounds for appeal (unfair sentencing), each sentence of the lower court against the Defendants (defendant A: imprisonment of one year, confiscation, additional collection, Defendant B: imprisonment of one year and four months, confiscation, and additional collection) is too unreasonable.
2. The Defendants have no record of crime in the Republic of Korea, and there are favorable circumstances such as the confession of a crime and the attitude of breaking their mistakes since the investigative agency.
However, in full view of the fact that the crime of selling narcotics, etc. committed by the Defendants is highly likely to cause harm and danger of abuse of narcotics by inducing addiction to the persons who purchase and consume them, and Defendant B committed the crime of repeatedly selling narcotics, etc. brought in from the Republic of Korea through the trade name of the Defendant B, thereby committing the crime of philophone medication, it is inevitable to punish the Defendants with severe penalty corresponding to the liability for such crime.
In addition, considering the motive leading up to the instant crime, the means and consequence of the instant crime, the circumstances after the commission of the crime, the age of the Defendants, sexual conduct, and family environment, various sentencing conditions as shown in the records and arguments, the lower court’s sentence against the Defendants is unreasonable, as it does not seem to be unfair. Accordingly, the Defendants’ assertion is without merit.
3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.