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(영문) 부산지방법원 2015.08.13 2015노1086

마약류관리에관한법률위반(향정)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, and one year and additional collection) against the Defendants in the summary of the grounds for appeal (the sentencing of the Defendant A, one year and one additional collection) is too unreasonable.

2. The judgment of the court below made a statement that all of the crimes of this case were committed in violation of depth while making a confession, that the crimes of this case were committed once a phiphone, that the crimes of this case were committed by the defendants' family members, that they want to take the front line of the defendants, and that the defendant Eul voluntarily surrendered to investigation agencies, etc., are favorable to the defendants, but the defendant A had a total of 16 times criminal punishment including the 10 times criminal punishment for the same kind of crime. In particular, the defendant was sentenced to 2 years of imprisonment for the same crime, and was released upon the expiration of the term of punishment, and was committed by the administration of a phiphone on the face of 20,000,000,000,000 won, and the statement made by investigation agencies as to the process of obtaining the phiphones, and there is no good condition after the crime was committed. The defendant B also committed the crime of this case during the period of repeated crime, despite the fact that he had been punished five times for the same kind of crime.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.