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(영문) 서울중앙지방법원 2014.03.13 2014노208
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment and an additional collection of KRW 500,000,000,000,000,000,000) against the Defendants in the lower court (e.g., a one-year imprisonment and an additional collection of KRW 50,000,000,000,000,000,000

2. We examine the judgment as to the grounds for appeal. There are extenuating circumstances such as the defendants' confessions all the crimes of this case and reflects their mistakes in depth, and the defendant A and B actively cooperates with the investigative agency for arresting a drug offender.

However, on May 21, 2008, Defendant A was punished for the same kind of crime on three occasions, such as imprisonment with prison labor for a period of one year and two years for suspension of the execution of one year in the Gwangju District Court Branch of Gwangju District Court. Defendant B had been punished for the same crime on six occasions on August 25, 201, including imprisonment with prison labor for a year and two months at the Seoul Central District Court. Defendant C had been punished for the same kind of crime on four occasions on April 24, 2009, and was sentenced to imprisonment with prison labor for a period of eight months at the Hayang Branch of the Jung-gu District Court, and was committed again during the repeated period. In particular, Defendant B had committed the crime of this case during the repeated period. The amount and frequency of the crimes handled by the defendants, the age, character and environment of the defendants, the motive and circumstances of the defendants, the motive and circumstances of the crime and the circumstances of each of the above crimes, and the circumstances presented in the records are not recognized.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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