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(영문) 인천지방법원 2015.09.17 2015노2453
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (the defendant A: one year and six months of imprisonment, three years of suspended execution and probation, 160 hours of community service order and defendant B: one year and six months of imprisonment) is too unreasonable.

2. The defendants are led to the confessions of the defendants, the facts that there are no criminal records of the same kind to the defendant A, or the amount of the penphones purchased by the defendants is significant, and the defendant A administered the penphones repeatedly over a long period of time, as well as the defendant A did not meet compliance awareness due to multiple different types of criminal records, and thus, there is no possibility of re-offending. Although the defendant B had been punished four times due to the same crime, he again committed the crime of this case during the period of repeated crime even though he had the record of punishment four times, and it is not determined that the court below's punishment is unreasonable by taking into account the following circumstances: the defendants' age, character and behavior, motive, means and method of the crime of this case, and circumstances

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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