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(영문) 인천지방법원 2014.12.11 2014노3735

마약류관리에관한법률위반(향정)

Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (one year of imprisonment in case of Defendant A and ten months of imprisonment in case of Defendant B) declared by the court below against the Defendants is too unreasonable.

2. The fact that the defendants recognized their mistakes and reflects on the fact that the defendants committed the crime in favor of the defendants, or that the crime related to narcotics is not less severe in terms of social harm and risk of recidivism, and that the defendants are highly likely to commit each of the crimes of the same kind even though they were repeated offenses due to the crime of violation of the Narcotics Control Act. In particular, even though they had the record of being sentenced to a fine in favor of actively cooperating with the narcotics investigation or having been sentenced to a lower punishment than the recommended punishment under the sentencing guidelines, the defendants committed again a narcotics-related crime in consideration of the circumstances unfavorable to the defendants, such as the motive and background leading up to the crime of this case, circumstances before and after the crime, the circumstances before and after the crime, the health status, age, character and conduct, etc. of the defendants, each of the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there are no grounds for appeal.