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(영문) 서울북부지방법원 2017.01.13 2016노1937
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the sentence imposed on the Defendants (Defendant A: imprisonment of two years and additional collection of 500,000 won; imprisonment of one year and six months and additional collection of 1.4 million won) by the lower court is too unreasonable.

2. There are extenuating circumstances to consider that the Defendants, while recognizing the instant crime, are against the Defendants.

However, the crime of narcotics, etc. is highly harmful to society as a whole due to their hallcence, toxicity, etc., so strict response is required. Defendant A received and administered phiphones at 2 months after release despite having been sentenced to imprisonment for the same kind of crime, and committed the crime of this case in possession, and Defendant B committed the crime of this case without being aware of it during the suspension period of the execution of the same kind of crime, and there is a high possibility of criticism because Defendant B committed the crime of this case in which phiphones are purchased, given, received, and administered without being aware of it during the suspension period of the execution, and even for the correction of the character and behavior and habit of the Defendants, the sentencing of the court below is within the reasonable scope of its discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the punishment of the judgment below is too unreasonable because it is too large.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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