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(영문) 창원지방법원 2014.05.22 2014노663
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the defendant A: imprisonment with prison labor for a year and six months, additional collection, and the imprisonment with prison labor for a period of ten months and additional collection) is too unreasonable.

2. It is recognized that the defendants reflect their mistakes, and the defendant B has family members to support.

On the other hand, however, narcotics-related crimes are highly harmful to the society due to toxicity, and the defendants are already punished several times due to the same and similar crimes [the defendant A is sentenced to eight times of imprisonment, one time of suspended sentence of imprisonment), and the defendant B is sentenced to two times of suspended sentence (two times of suspended sentence of imprisonment)]. Also, considering the balance between the criminal punishment for other crimes similar to the crime of this case and other circumstances, the defendants' age, character and conduct, occupation and environment, occupation and environment, family relationship, each of the crimes of this case, as well as the circumstances after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendants' assertion is without merit.

3. Conclusion, the Defendants’ appeal is dismissed in its entirety on the grounds that it is without merit. It is so decided as per Disposition.

[However, the application of the law of the court below is clearly erroneous in the second sentence "Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc." (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and thus, it is clearly stated in the second sentence "Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Regulation on Criminal Procedure".

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