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(영문) 서울중앙지방법원 2015.07.16 2015노943
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (the imprisonment of one year and nine months, confiscation, collection and collection: the imprisonment of one year and one year and six months, the imprisonment of two months, the additional collection and collection by two months, the defendant G: the imprisonment of one year and six months, and the additional collection by one year and six months) declared by the court below to the defendants.

2. Although the defendants appear to be against the judgment of the grounds for appeal, there are favorable circumstances such as the submission of a written confirmation of cooperation in the investigation in the trial, Defendant E is not deemed to be unfair, considering the following circumstances and other various circumstances, including the Defendants’ age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the court below’s respective punishment imposed on the Defendants is too unreasonable.

Therefore, we cannot accept the Defendants’ above assertion.

A. Defendant A committed the same kind of crime during the period of suspended execution.

There are a lot of number and quantity of the defendant's sale of phiphones.

On the Internet, the defendant made an advertisement that sells phiphones on the Internet, and sold phiphones to many and unspecified persons.

B. Defendant E committed the same kind of crime during the period of suspended execution.

Defendant has been punished several times for the same kind of crime.

C. Defendant G committed a part of the same crime during the period of repeated crime.

There are many number of defendants to purchase philophones.

3. 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.

(However, in the summary column of the evidence, the "examination protocol prepared by each prosecutor with respect to 1. B, D, and F" is added.

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