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(영문) 광주지방법원 2019.05.28 2019노735
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (in case of Defendant A: imprisonment with prison labor for one year and six months; penalty 2 million won; imprisonment for one year and six months; penalty 200,000 won; imprisonment with prison labor for one year and six months; and penalty 200,000 won; imprisonment with prison labor for one year; penalty 10,000 won; and penalty 50,000 won jointly with the Defendants) are too unreasonable.

2. The judgment of the Defendants recognized the instant crime and reflects it, and the Defendant A, after hearing the awareness of the arrest of accomplices, was present at the investigative agency and received the investigation by himself.

On the other hand, the crime related to narcotics requires a very strict punishment of the social harm caused by the crime. The defendants were punished for the same kind of crime including all the defendants, and they committed the crime of this case without being aware of it during the period of repeated crime caused by the same crime. The defendant A also committed the crime of aiding and abetting the sale of phiphones. The defendant A is in need of a more severe punishment than the crime of simple medication, etc. because it is going to the crime of distributing phiphones. The defendant B administered phiphones three times, purchased phiphones and received them once, and the defendant C purchased phiphones twice, purchased phiphones and received them once and received them once, and the crime is not good in light of the frequency of the crime.

There is no special relationship or change of circumstances that can be newly considered in the trial of the political party, and comprehensively taking account of the Defendants’ age, character and conduct, family relationship, circumstances leading to the crime and circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

The Defendants’ assertion is not accepted.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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