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(영문) 광주지방법원 2014.07.30 2014노1137

마약류관리에관한법률위반(향정)등

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

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment, additional collection of KRW 960,500) is too unreasonable.

B. Defendant B’s imprisonment (one year of imprisonment, additional collection of KRW 1,454,50) is too unreasonable.

C. The above punishment of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. A favorable circumstance is that the Defendants recognized their mistakes and did not have the same criminal records, Defendant A did not have any criminal records exceeding the fine, and Defendant B did not have any criminal records exceeding the fine for the last ten years, and Defendant B did not have any criminal records exceeding the fine.

On the other hand, the crime of this case was committed by the Defendants by purchasing and administering phiphones and smoking marijuana, and the crime related to narcotics, etc. is serious crime that has a great harm to society as a whole, and the nature of the crime is bad, and the number of the Defendants’ purchase, medication and smoking of marijuana is also disadvantageous.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, circumstances after the instant crime, the Defendants’ age, character and conduct, and environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendants and the prosecutor’s assertion are without merit.

3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.