마약류관리에관한법률위반(대마)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the Defendants were led to confession of each of the instant offenses; (b) the Defendants are against themselves; and (c) the social disadvantages that the Defendants would be subjected to suspended sentence; and (d) the punishment (the imprisonment of 10 months, the suspended sentence of 2 years, the probation, confiscation, and additional collection (the Defendant A: KRW 100,000 and KRW 50,00) imposed on the Defendants is too unreasonable.
2. In light of the circumstances alleged by the Defendants, the crime related to narcotics requires strict punishment because the harm and injury inflicted on individuals or society is serious, the Defendants’ attitude, especially Defendant A committed an additional crime that threatens former wife I, and Defendant B continued to deny the crime of this case, etc. In light of the fact that Defendant B continued to commit the crime of this case, there is a doubt as to whether the Defendants’ reflectiveness is true. In full view of various sentencing conditions indicated in this case, such as the number of smokings of the Defendants, the amount, criminal records, age, character and conduct, intelligence, environment, motive, means and consequence of the crime, etc., the lower court’s sentencing against the Defendants is too heavy beyond the scope of reasonable discretion.
3. As such, 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.