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(영문) 부산지방법원 2014.10.16 2014노2883
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main points of the appeal by the Defendants are as follows: each sentence of the lower court (Defendant A: imprisonment of 1 year and 2 months, and Defendant B: imprisonment of 10 months) against the Defendants is too unreasonable.

2. It is recognized that the circumstances such as the Defendants’ confession of all of the instant offenses and the fact that they appear to repent of their mistakes, and that the Defendants’ health is not good.

However, considering the fact that Defendant B had been punished three times (two times of imprisonment, one time of the suspended sentence of imprisonment), Defendant A committed each of the instant offenses, and the fact that Defendant A provided false information to the investigation agency to cause confusion in the investigation; and the harm caused by the addiction of narcotics and the medication of narcotics, etc., it is necessary to strictly punish and eradicate the administration of narcotics; it is necessary to balance the sentencing with the sentencing of the same and similar cases; and in full view of various factors, including the Defendants’ age, character and conduct, motive for the instant offense, and circumstances after the instant offense, it is determined that the lower court’s punishment against the Defendants is appropriate.

Therefore, the Defendants’ assertion is without merit.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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