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(영문) 서울동부지방법원 2017.02.02 2016노1880
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (five months of imprisonment) is too unreasonable.

B. In the case of Defendant B (1) misunderstanding the facts, Defendant B did not receive KRW 2.3 million from Defendant A, and Defendant B merely driven the vehicle on behalf of Defendant A and E at the friendly market on the day of the instant case’s request by E, and, in the case of Defendant B (1) 3909 Godan 3909, her drinking place together.

The court below found Defendant B guilty of each of the above facts charged against Defendant B by misunderstanding the fact. Although Defendant B demanded philophones to change philophones, there was no fact that Defendant B did not possess philophones.

(2) The sentence of the lower court’s improper sentencing (one year of imprisonment and additional collection) is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court as to Defendant B’s assertion of mistake of facts, the lower court’s judgment convicting Defendant B of all the facts charged of this case is justifiable, and thus, it is not acceptable to accept the Defendant B’s assertion of mistake of facts.

B. We examine the Defendants’ respective arguments on the unfair sentencing, and consider the following: (a) Defendant A recognizes and reflects the crimes at the time of the trial; and (b) Defendants’ crimes of this case are in the relation of concurrent crimes between the crimes for which each judgment of the court below was made and the crimes after Article 37 of the Criminal Act were committed; (c) Defendant A again committed the instant crimes during the period of suspension of execution due to the same kind of crime; (d) Defendant B again committed the instant crimes despite the past record of punishment one time, probation one time, and one fine one time; and (e) Defendant B again committed each of the instant crimes; and (e) other conditions of sentencing as shown in the records and arguments, such as the Defendants’ age, sex, environment, the background and consequence of the instant crimes, and the circumstances after the crime.

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