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(영문) 의정부지방법원 2015.12.08 2015노2784
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for 8 months, and collection of 450,000 won/Defendant B: imprisonment for 8 months, suspended execution for 2 years, probation, and pharmacologic treatment for 40 hours, and collection of 200,000 won) is too unreasonable.

2. Determination

A. Determination on Defendant A’s appeal is recognized as follows: (a) the Defendant led to the instant crime and is against the Defendant; (b) the Defendant did not have any record of punishment for the same kind of drug crime; and (c) appears to have cooperated with the investigation of other drug offenders. However, narcotics-related crimes are highly adverse to not only the relevant individuals but also society due to their toxicity; (d) the Defendant purchased a penphone and provided a penphone to B, K, and L with a penphone; and (e) smoked marijuana; (b) the Defendant has a significant weight in the nature of the crime; (c) the Defendant had the history of punishment several times due to inhaled hallucinogenic substances (two times of actual punishment, one time of suspension of execution, and one time of fine); and (c) the lower court determined the sentence by taking into account the fact that the Defendant has cooperation with the investigation of other drug-related offenders; and (d) the Defendant’s age, circumstances, and circumstances after the crime were considered too favorable to the Defendant.

3) Therefore, the Defendant’s above assertion is without merit. B. Determination on Defendant B’s appeal 1) It is recognized that the Defendant led to a confession and reflect on the instant crime, that the Defendant had been living under guard for the nearest period of three months due to the instant crime, and that there was no record of punishment for the same kind of drug crime.

2. However, narcotics-related crimes have been administered twice by giving and receiving philophones, which have a significant adverse impact on the society as well as individuals due to their toxicity, and the defendant has committed such crimes.

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