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(영문) 서울동부지방법원 2018.02.08 2017노1712
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case, Defendant A did not commit the same as the fact of selling philophones and the fact of administering philophones around February 2017.

B. The punishment sentenced by the lower court (eight months of imprisonment, two years of suspended execution, etc.) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding Defendant A’s assertion of mistake, the fact that the Defendant sold phiphones and administered phiphones around February 2017 can be sufficiently recognized, so Defendant A’s assertion is without merit.

B. In light of the following, Defendant B’s judgment as to Defendant B’s wrongful assertion of sentencing, even if there were several criminal records identical to that of the instant crime, and the circumstances and results of the instant crime, etc., the lower court’s punishment as to Defendant B is too excessive and unfair. Thus, Defendant B’s assertion is without merit.

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

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