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(영문) 수원지방법원 2015.09.18 2015노3923
마약류관리에관한법률위반(향정)
Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year, the additional collection of 80,00 won, the imprisonment of ten months, and the additional collection of 50,00 won) of the lower court is too unreasonable; and

2. There are extenuating circumstances to consider the Defendants’ confession and reflect, and in the case of Defendant A, the body of the Defendants is difficult due to brain color and cooperates with the important investigation in the case of Defendant B.

However, considering various sentencing conditions, such as the Defendants’ age, character and conduct, environment, criminal records, motive for the crime, and circumstances after the crime, the sentence imposed by the court below is too unreasonable, in light of the following circumstances: (a) the Defendants were sentenced to suspension of execution, the number of times when they were sentenced to punishment; and (b) the number of times when they were administered in the case of Defendant A; and (c) the number of times when they were administered in the case of Defendant B, but the number of times when they arranged to trade in the case of Defendant B, etc.

3. In conclusion, the defendants' appeal is without merit and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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