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(영문) 창원지방법원 2017.02.16 2016노3336
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal against the Defendants is too unreasonable that each of the punishments of the lower judgment against the Defendants (Defendant A: imprisonment for a maximum of one year and six months, one year and two months, one year and two months, confiscation, additional collection of 2780,000 won, one year and six months, confiscation, and additional collection of 2780,000 won) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the terms and conditions of sentencing compared to the lower court due to the lack of new data on sentencing in the first instance court’s trial, and considering the seriousness and possibility of criticism on the narcotics crime, the number of crimes, and the quantity and the sales proceeds of penphones handled, the lower court’s punishment is deemed to be appropriate, and 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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