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(영문) 제주지방법원 2014.10.02 2014노173
마약류관리에관한법률위반(향정)등
Text

All the judgment below is reversed.

Defendant

A shall be punished by imprisonment for four years, and imprisonment for two years and six months, respectively.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the court below (the 6 years of imprisonment for the defendant A, confiscation and collection 100,000 won, the 4 years of imprisonment for the defendant B, and confiscation) is too unreasonable.

2. The judgment of Defendant A committed the instant crime during the period of repeated crime, and the Defendants committed the instant crime with a considerable amount of penphones, etc. However, considering the following factors: (a) the Defendants did not have any criminal power; (b) Defendant B did not have any criminal power; and (c) other various sentencing conditions specified in the instant pleadings, such as the character and conduct of the Defendants; (d) the background of the instant crime; and (e) the circumstances before and after the instant crime, etc., the lower court’s punishment against the Defendants is somewhat unreasonable.

Defendant

A asserts that, in the trial after the lapse of the statement of grounds for appeal, it constitutes an illegal undercover operation since it was not timely filed by the J, and it was said that the police was involved in the proposal of the J. Therefore, it constitutes an illegal undercover operation.

In order to be an illegal undercover operation, an undercover operation should cause the undercover operation by the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover operation of the undercover

even if it is illegal.

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