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(영문) 서울중앙지방법원 2015.08.27 2015노2566
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for one year and 4.1 million won for additional collection; imprisonment for ten months; confiscation and additional collection for 200,000 won; and joint collection for each of 700,000 won for 700,000 won for the Defendants) are too heavy or unreasonable.

2. The defendants conspired to sell core chips up to 192; the number of times the defendants purchased or administered chips is significant; Defendant A committed a crime during the repeated offense period; Defendant B committed a crime; Defendant B was punished for committing a crime related to marijuana; on the other hand, Defendants A consented to the investigation; Defendant A voluntarily surrenders himself/herself to the crime related to phiphones; Defendant A did not have any record of punishment for the same or similar crime; Defendant A paid and agreed to the victims of the fraud; Defendant A paid and agreed to pay the amount of damage to the victims of the crime; and other various circumstances indicated in the records and arguments of this case, such as age, character, career, health status, environment, family relationship, motive, means and consequence of the crime; and the circumstances after the crime, etc., the sentencing of the lower court is too heavy or unreasonable.

Therefore, all defendants and prosecutor's arguments are rejected.

3. The appeal filed by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.

(However, it is clear that “3.5 million won” is a clerical error of “3.3 million won,” among the calculation forms of No. 10, 7 of the judgment of the court below.

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