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(영문) 울산지방법원 2017.08.18 2017노638
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (defendant A: imprisonment with prison labor for one year, additional collection, imprisonment with prison labor for one year and two months, and additional collection) is too unreasonable.

2. The defendants showed the attitude of reflecting their mistakes while recognizing the crime. The defendants A actively cooperate in the investigation. However, each crime of this case is favorable to the above defendants. The defendant A purchased and sold phiphones and sold phiphones and the defendant A distributed phiphones in our society, and the harm caused by addiction and illegality is gradually serious, it is necessary to strictly punish the defendants. The defendant A has been sentenced to punishment for the same crime, and the defendant B has the past record of being sentenced to punishment twice for the same crime. Considering all other circumstances that are favorable to the defendants, the defendants' age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment of the court below is too unreasonable even if considering the circumstances favorable to the defendants. Thus, the defendants' assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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