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(영문) 대전지방법원 2020.12.23 2020노3551
마약류관리에관한법률위반(향정)등
Text

All the judgment below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, two years, and two years, two years, and two years, respectively.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of one and half years, confiscation, additional collection, and the defendant B: imprisonment of two and half years, additional collection, and the defendant C: imprisonment of two and half years, three years, and additional collection) of the lower court is too unreasonable.

2. In light of the following: (a) as the court below explained on the grounds of sentencing, narcotics crimes need to be punished strictly because they are not only the body and mind of an individual, but also their high risk of undermining public health and social safety; (b) the Defendants have a variety of criminal records including imprisonment; and (c) Defendant B has a career of having been punished by imprisonment for the same kind of crime; and (d) Defendant C committed each of the crimes of this case without self-esteem despite having been punished for repeated crimes of this case; and (c) Defendant C committed each of the crimes of this case without being aware of the fact that the Defendants committed the crimes of this case.

However, the Defendants were aware of all the facts of each of the crimes in this case, and they were in profoundly against the mistake. Defendant C denied some of the facts of the crime in the original trial and applied to all the facts of the crime.

Defendant

A and C have no record of criminal punishment for crimes of the same kind as this case, Defendant A's wife and her family members and branch members want to support the Defendant's wife in good faith, such as the Defendant's wife being under the control of soft cancer and being under the control of navigation cancer treatment, and the Defendant's family members and branch members want to support the Defendant's wife in good faith, and Defendant B has to support the aged's mother with bad health conditions due to heart misconduct, etc. In addition, it is not good that the Defendant's family and branch members want to support the Defendant's wife in good faith. Defendant C is the most likely to support the mother's and wife's consciousness, and Defendant C has made efforts to live in good faith by operating a ginseng farm.

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