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(영문) 서울중앙지방법원 2015.01.29 2014노4452
마약류관리에관한법률위반(향정)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and four months.

Defendant .

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (the sentencing of the Defendant A: 10 months of imprisonment and 2 years of suspended execution, additional collection of 40,000 won, probation, Defendant B: imprisonment of one and half years, additional collection of 1,801,50 won) is too unreasonable.

2. Determination on the grounds for appeal

A. Since the investigation agency, Defendant A has led to the confession of all of the crimes of this case, Defendant A was in depth.

However, the defendant A has been punished for a crime of the same kind in the past, and the amount and the number of philophones handled in this case are not many.

In addition, in full view of the various circumstances, including Defendant A’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

Therefore, Defendant A’s assertion is rejected.

B. Defendant B’s each crime of this case is calculated as “one year to eight years” [the scope of recommendation according to the sentencing guidelines is calculated as “one year to one year, three months, and eight months” [the basic area (one year and two years), the basic area (special mitigation (person with special mitigation)], and the cooperation in investigation / the same criminal record (not less than three years of suspension of execution)]. Defendant B committed the instant crime during the period of repeated crime, even though he had been punished several times for the same crime in the past; Defendant B took part in the distribution of phiphonephones; Defendant B took part in the distribution of phiphonephones, etc. which he handled.

However, since the investigation agency all of the crimes of this case, Defendant B submitted a public letter to the effect that he led to the confession of all of the crimes of this case, and that he actively cooperatedd with the investigation agency for arresting narcotics criminals.

In addition, in full view of various circumstances, including Defendant B’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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