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(영문) 의정부지방법원 2019.11.21 2019노2349
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant A who has been punished by imprisonment with prison labor for a period of two years, 503,00 won, and additionally collected amount of two years, confiscation, 509,00 won: Defendant C: Imprisonment with prison labor for a period of two years, suspension of execution for a period of two years, probation, and pharmacologic; 40 hours, 1,200,000 won shall be additionally collected;

2. The lower court, based on the following circumstances and Article 51 of the Criminal Act, determined each sentence against the Defendants. A.

Defendant

A and B persons who have committed each of the crimes of this case during the period of suspension of execution for the same kind of crime as well as having been punished twice for the same crime: A and a mitigated person who has committed some of the crimes of this case: The fact that some cooperation was made to confession and narcotics investigation, family members and branch members want to take the preference, etc.

B. Defendant C: The mitigated person who administered a large number of phiphonephones during the past period: The following are examined: confessions, the confessions made by himself/herself at the investigative agency, the fact that there was no record of punishment for the same kind of crime, etc.; the reason for the sentencing of the Defendants in the trial of the political party is that the lower court has already considered the punishment, and the judgment of the lower court is not deemed to have exceeded the reasonable scope of discretion.

In addition, there is no circumstance to determine that the conditions of sentencing were changed in the trial, so it is reasonable to respect the sentencing of the court below.

Therefore, the Defendants’ assertion of unfair sentencing is rejected.

3. In conclusion, 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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