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(영문) 창원지방법원 2013.11.07 2013노1629

마약류관리에관한법률위반(향정)

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All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (Defendant A: imprisonment of one year, confiscation and collection of 700,000 won, Defendant D’s imprisonment of one year, and additional collection of 300,000 won) is too unreasonable.

B. The lower court’s sentencing against the Defendants is too uncomfortable and unreasonable.

2. In light of the fact that the defendants recognized all of the crimes of this case, it is recognized that the defendants reflects their mistakes, and that the defendants D surrenders themselves.

However, Defendant A was sentenced to suspension of execution and fine several times due to the same crime, and Defendant D was punished by imprisonment, suspension of execution and fine for the same crime, etc.; the number of times the Defendants administered the Meptians is significant; and other various sentencing conditions specified in the records and arguments of this case, including the Defendants’ age, character and conduct, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendants is too heavy or too unreasonable. Accordingly, each of the Defendants and the prosecutor’s arguments on unfair sentencing are without merit.

3. In conclusion, each of the instant appeals by the Defendants and the Prosecutor 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.