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(영문) 의정부지방법원 2013.08.28 2013노961

마약류관리에관한법률위반(향정)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of imprisonment for each of the defendants, one hundred thousand won for each additional collection, and confiscation) is too unreasonable.

2. The judgment of all the Defendants made a confession of all the crimes of this case and made it statement that their mistake will be divided in depth, and they hardened through hospital treatment, etc. The most of the phiphones purchased by the Defendants are seized and distributed in the time, Defendant A actively cooperates with investigation agencies, Defendant A’s significant narcotics investigation activities, and some of the circumstances that can be considered in the motive for the crime of Defendant B are highly likely to have a serious adverse effect on society as a whole, such as harming the public health and harming other crimes. The crimes of this case are extremely poor, and the Defendants were purchased and administered in large quantity, and the Defendants were punished by imprisonment with prison labor over eight times for the same crimes. In particular, the Defendants were sentenced to imprisonment with prison labor for the same kind of crime and were not distributed in the time, Defendant A actively cooperates with the investigation agencies, Defendant A’s significant narcotics investigation activities, and Defendant B’s motive for the crime, etc., and the circumstances leading to the crime of this case’s character and behavior and the following circumstances are considered as unfair.

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