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(영문) 의정부지방법원 2017.08.31 2017노1576
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the penalty of KRW 1 year and four months, KRW 1,543,00, and KRW 8 months, KRW 2,900,000, which was sentenced by the lower court to the Defendants) is too unreasonable.

2. Determination

A. Determination as to Defendant A’s assertion is recognized that Defendant A led to an offense and reflects the wrongness, and Defendant A has a child to support the Defendant.

However, the defendant A administered 17 times all of the crimes and single crimes committed with his accomplices, purchased or accepted 5 times, and smoked mariana.

Since narcotics not only destroy the body and mind of individuals, but also cause social harm such as causing other crimes, it is necessary to severely punish crimes related to narcotics.

Defendant

A, on September 3, 2015, was sentenced to one year of suspended sentence for a violation of the Narcotics Control Act in the Seoul Central District Court on September 3, 2015, and two years of suspended sentence, but committed the instant crime during the suspended sentence.

In full view of the above circumstances and the following circumstances, Defendant A’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court’s sentencing committee, etc., the lower court’s punishment against Defendant A is too unreasonable.

Therefore, Defendant A’s assertion is without merit.

B. As to the Defendant B’s assertion, it is recognized that Defendant B led to the confession of and reflects the wrongness of the crime, Defendant B voluntarily surrendered to the investigation agency, and cooperates with the investigation of the accomplice, and Defendant B is the first offender.

However, Defendant B administered 26 times all of the crimes and single crimes committed with accomplices, purchased or received six times, and did not file a lawsuit once.

Narcotics, etc. shall destroy the body and mind of an individual.

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