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(영문) 대구지방법원 2014.08.22 2014노1944
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is improper because each of the punishments (one year of imprisonment, additional collection, confiscation, imprisonment with labor for one year, and additional collection) declared by the court below to the Defendants is too unreasonable.

2. Although there are favorable circumstances such as the confessions of all the Defendants to each of the crimes of this case and reflects on the fact that they are under punishment, Defendant A committed each of the crimes of this case, Defendant B’s aggravation of health due to trapsychitis, etc., Defendant A’s aged age, Defendant A’s mother’s health aggravation, etc. However, Defendant A has the history of having been punished eight times for the same crime (eight times for imprisonment, six times for suspended execution, one time for suspended execution, one time for fines) for the same crime, Defendant B has the history of punishment eight times for the same crime (eight times for imprisonment, six times for suspended execution, one time for fines), the same kind of crime (two years for Defendant A, and eight months for imprisonment), and the Defendants committed each of the crimes of this case without care during each repeated crime period after release, taking into account the following factors: the Defendants’ previous punishment of imprisonment with prison labor for each of the crimes of this case; the number of years for which the lower court sentenced each of the crimes of this case to imprisonment with prison labor for up to six years and one year for recommendation (one year for sentencing).

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since there is no reason to do so.

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