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(영문) 서울중앙지방법원 2015.07.16 2015노2009

마약류관리에관한법률위반(향정)

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The sentencing of the court below (the sentencing of the defendant A: imprisonment of one year and three months, the additional collection of 7.1 million won, the imprisonment of seven months, and the additional collection of 800,000 won) is too heavy or unreasonable.

2. In full view of all the circumstances shown in the records and arguments of this case, including the defendants' age, career, character and behavior, environment, background, motive, means and consequence of the crime, etc., it is not determined that the punishment of the court below imposed on the defendants is too heavy or unreasonable, in light of the following: (a) there is no record of the same crime against the defendants; (b) equity in the case where the defendants are judged simultaneously with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in which the judgment became final and conclusive; and (c) the amount and frequency of the penphones handled by the defendants in the crime of this case; and (d) the crime of selling the penphones to F.

Therefore, all defendants and prosecutor's arguments are rejected.

3. The appeal filed by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.