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(영문) 의정부지방법원 2016.03.23 2015노3223
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants (unfair sentencing) is too unreasonable that the punishment of the lower court (the punishment of 1 year and 6 months, the additional collection of 840,000 won, the imprisonment of 100,000 won, and the additional collection of 40,000 won) is too unreasonable.

2. Determination

A. The fact that Defendant A’s judgment on the wrongful argument of sentencing is favorable to the Defendant that the Defendant recognized all of the instant crimes and reflected in the judgment.

However, in light of the following: (a) the Defendant purchased and sold the instant narcotics-related crimes on 16 occasions, and not only two occasions, but also the quality of the crime was inferior in light of the volume and frequency of the penphone transacted by directly administering the penphones over two occasions and smoking it once; (b) the Defendant, in particular, committed the instant narcotics-related crimes at the Seoul Central District Court on February 21, 2013 after being sentenced to eight months for the same crime; (c) the Defendant was punished for traffic crimes; (d) the Defendant had the record of having been punished for the traffic crimes; and (e) the Defendant had the record of having been punished for a sentence other than the sentence; and (e) the Defendant’s age, environment, occupation, and circumstances after the crime, and the scope of the sentencing guidelines set forth in the Supreme Court sentencing guidelines (no less than imprisonment with prison labor for not less than one year and six months).

1. Class 1 Crimes [Violation of the Act on the Control of Narcotics, Etc. Due to the Purchase and Sale of Handphones] and the area of aggravation [the area of aggravation [the area of special aggravation: the same criminal record and the suspended execution for not more than 3 years], 1 year and 6 months to 4 years, respectively; and

2. Second crimes [Violation of the Act on the Control of Narcotics, Etc. Due to the Purchase and Sale of Handphones] and the area of aggravation (in the case of special aggravation: referring to the same criminal record and (in the case of persons subject to suspended execution for not more than three years)], the area of aggravation (in the case of persons subject to suspended execution for not more than three years). One year and six months to four years.

3. Type 3 (Violation of the Act on the Control of Narcotics, Etc. Due to the Purchase and Sale of Handphones) as an aggravated area of Category 2 (Sc. (S. items (b) and (c)), such as the trade, arrangement, etc. of the group of narcotics crimes.

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