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(영문) 부산고등법원 2015.09.02 2015노167
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below against the defendants in the summary of the grounds for appeal is unfair because the sentence of sentence (such as Defendant A’s imprisonment with labor for three years, Defendant B’s imprisonment with labor for two years and six months, etc.) is too unreasonable.

2. The judgment of narcotics crime is not easy to detect the characteristics of the crime, and it is highly harmful to the society due to the toxicity of narcotics, etc., and in particular, the smuggling import act is an additional crime such as sale and purchase or medication, and there is a high risk of undermining the health and social safety of individuals, and there is a high need to strictly punish the crimes compared to the simple medication. The defendants' amount of scopphones reaches 100g, and the considerable amount of scopphones reaches 100g, which are considerably large, and the amount of which can be administered in a large number of scopphones that have been seized before domestic circulation but have not been seized.

On the other hand, the defendant A cooperates in the investigation of other narcotics cases, and the fact that the defendants have no record of criminal punishment heavier than that of the same criminal conviction or fine is favorable to the defendants.

Considering the fact that there is no special change in circumstances in the above circumstances in the trial, all the conditions of sentencing under Article 51 of the Criminal Act, and the sentencing guidelines for the enactment of the Supreme Court's Sentencing Committee, it does not seem that the sentence imposed by the lower court against the Defendants is too too unreasonable to have exceeded the discretion in sentencing.

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

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