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(영문) 서울중앙지방법원 2019.10.24 2019노2559
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of one year and six months, confiscation, additional collection of KRW 5,083,00, and the defendant B: imprisonment of one year, confiscation, additional collection of KRW 1,880,00) is too unreasonable.

2. The lower court: (a) determined that the Defendants were all aware of and against all the crimes; and (b) did not have any record of criminal punishment in the Republic of Korea; (c) determined the above punishment by taking into account the Defendants’ frequency of the crimes and the amount of philophones handled by the Defendants, etc.

In comparison with the judgment below, there is no particular change in the above sentencing conditions, and even considering all the circumstances of the crime of this case as asserted by the Defendants and the various sentencing grounds, such as the relationship between the Defendants and their respective family relations, the sentence of the court below is too unreasonable.

3. In conclusion, the appeal by the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that the appeal by the Defendants is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and Article 30 of the Criminal Act on the trade, receipt, delivery, medication, possession, and partial medication is added to Article 30 of the Criminal Act on the trade, delivery, delivery, administration, and possession of opon. In addition, only Article 30 of the Criminal Act on the trade, delivery, administration, and possession of opon.

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