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(영문) 대전지방법원 2017.01.19 2016노3229
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below against the defendants on the summary of the grounds for appeal (unfair sentencing) is unfair because it is too unreasonable to impose the punishment of the court below (one year of imprisonment, additional collection, one year of imprisonment, one year of confiscation, and additional collection).

2. The facts that the Defendants led to the confession of the instant crime are favorable to the Defendants, but there is no good quality of the instant crime, and the Defendants were punished for the same type of crime. In particular, Defendant B committed the instant crime since two years of suspended execution, protection observation, and 40 hours after being sentenced to an order to attend pharmacologic treatment on April 26, 2016 due to the crime of violation of the Narcotics Control Act in the Hongsung Branch of the Daejeon District Court on April 26, 2016. In addition, considering the Defendants’ age, sex, environment, motive, means, and consequence of the instant crime, it cannot be deemed unfair since the lower court’s punishment imposed on the Defendants is without merit. Thus, the Defendants’ allegation of the criminal punishment is without merit.

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

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