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(영문) 부산지방법원 2019.07.11 2019노1424
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment for each of the defendants and an additional collection of KRW 500,000) is too unreasonable as the gist of the grounds for appeal is inappropriate.

2. It is recognized that the Defendants’ mistake against the Defendants, and the family members, etc. wanted to take the ship, there is no criminal record exceeding the fine, the victim did not want the punishment of the Defendants by mutual consent with the victim of the crime of fraud, and cooperation in the investigation of the upper line selling phiphonephones to the Defendants.

However, the crime of this case is not a person handling narcotics, and there is a great need for punishment in that the Defendants traded phiphones even if the Defendants are not a person handling narcotics, and administered philophones with strong addiction to gambling to the victims. The amount of philophones bought by the Defendants is significant, Defendant A played a leading role in the crime of fraud, Defendant B took the lead in the crime of fraud, Defendant B was detected in the urine prosecutor immediately after the arrest, and other factors of sentencing as shown in the arguments of this case, such as the Defendants’ age, character and conduct, family relationship, motive and consequence of the crime, etc., the sentence of the lower court is too unreasonable and not recognized.

The Defendants’ assertion of unreasonable sentencing is without merit.

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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