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The defendants' appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (three years of imprisonment for the defendant A, confiscation and additional collection, two years of imprisonment for the defendant B, confiscation and additional collection) declared by the court below is too unreasonable.
2. The fact that the Defendants, while staying in the Republic of Korea, led to the commission of a mistake from the investigative agency, led to the confession of all crimes, and that the Defendants did not have any past record of committing another crime can be considered as favorable circumstances to the Defendants.
However, in light of the fact that the crime of this case committed by Defendant A aiding and abetting the import of a large quantity of psychotropic drugs, and that the Defendants sold a large quantity of psychotropic drugs to others and received profits therefrom, the crime of this case is not very good, it is necessary to punish the Defendants with severe punishment corresponding to their responsibility.
In full view of the circumstances favorable to these Defendants and unfavorable circumstances, the lower court determined each sentence against the Defendants within the scope of the recommended sentencing guidelines by the Supreme Court. Such determination of the lower court appears to have been made within the scope of the reasonable sentencing discretion by taking into account all the sentencing conditions shown in the arguments in this case, and did not present any change in circumstances favorable to the Defendants to revise the lower court’s judgment at the trial.
We cannot accept the Defendants’ assertion that each sentence imposed by the court below is excessively unreasonable compared to the extent of the Defendants’ responsibility.
3. Therefore, 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.