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(영문) 대구지방법원 2019.01.23 2018노4272
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to the extent that each sentence imposed by the court below (one year and six months of imprisonment, confiscation, collection 1.3 million won, Defendant C: imprisonment with prison labor for one year and six months, confiscation, collection 1.3 million won, Defendant D: imprisonment with prison labor for one year and six months, and collection 1.7 million won) is too unreasonable.

2. The defendants recognized all of the crimes of this case and divided their errors, and the fact that there is no specific criminal power in Korea is favorable to the defendants.

On the other hand, the Defendants traded and administered philophones over several occasions, and in particular, the crime of selling philophones is highly likely to be criticized as the dissemination of philophones, the Defendants’ hairs detection of philophones, and the degree of addiction is not somewhat weak, and the period when the Defendants illegally staying in the Republic of Korea is considerable is disadvantageous to the Defendants.

In addition, there is no special circumstance or change of circumstances that can be newly considered after the sentence of the lower judgment, and considering the following factors, such as the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it does not seem that each sentence sentenced by the lower court is too unreasonable.

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

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