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(영문) 청주지방법원 2021.01.22 2020노1386
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (for defendant A, 2 years of imprisonment, additional collection 1,086,00 won, confiscation / Defendant B: imprisonment with prison labor for one year, additional collection 2,00,000 won, confiscation) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendants reflect against the Defendants, and the fact that the health is not good is favorable to the Defendants.

However, these circumstances seem to be reflected in the sentencing revealed in the court below.

The crimes related to narcotics are serious criminal with a high risk of social harm and recidivism. The number of times of handling the instant phiphones by the Defendants is the majority. Notwithstanding the criminal punishment (the criminal punishment committed by Defendant A: Violation of the Narcotics Control Act (hereinafter referred to as the same kind of punishment); identical repeated crimes / Defendant B: Violation of the Narcotics Control Act (hereinafter referred to as the Act on the Control of Narcotics, etc.); five times the same kind of force (two times the actual punishment, two times the suspended execution, and one time the fine)), the crimes were committed again in this case. In addition, in full view of the motive and circumstance of the crime, means of the crime, the Defendants’ age, sexual conduct, environment, family relations, etc., it cannot be deemed that the sentence of the court below is unfair because it goes beyond a reasonable discretion and is excessively unreasonable.

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

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