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(영문) 부산고등법원 2016.12.15 2016노512
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of three years, confiscation and additional collection of 5,804,400 won, and the defendant B: imprisonment of three years, additional collection of 5,904,400 won) is too unreasonable.

2. In full view of the factors and guidelines for sentencing as indicated in the judgment of the court below, it cannot be evaluated that the judgment of the court below that the sentencing of the court below, which mainly takes the following factors as the main sentencing factors, including the risk of committing the instant crime that phiphones imported in Korea, the provision or medication of phiphones by the defendants, the quantity and circulation of imported phiphones, the cooperation in the investigation by the defendants A, the defendants' resistance to the criminal investigation, and the criminal records by the defendants, has exceeded the reasonable limit of the discretion. There were no circumstances or materials to deem that it is unfair to maintain the sentencing of the court below in the course of the trial of the sentencing, or there were lack of circumstances or materials to deem that it is unfair (the fact that the defendants contributed to some extent to the arrest of G who is an accomplice, or that there is no change of circumstances that can reverse the judgment of the court below on the sole basis of the

3. According to the conclusion, all defendants' appeals are dismissed.

(Article 364 (4) of the Criminal Procedure Act)

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