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(영문) 서울남부지방법원 2016.09.29 2016노1220
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant B is the status of a person illegally staying in Korea, his parent is legally staying in Korea and is currently staying in Korea.

In the case of the punishment of a defendant, a parent is not the defendant.

The father of the defendant suffers from urine disease, and was hospitalized due to acute climatic sulposis, and the mother of the defendant is treated with chronic cerebral typhism and high blood pressure.

The Defendant is subject to compulsory departure on this case, but parents are forced to enter the Republic of Korea due to annoying causes, and their parents look back to the Republic of Korea.

In full view of these circumstances, the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. Defendant C confessions the facts charged and objects to the indictment.

The Defendant actively cooperated with the investigation by the investigative agency.

The life is faithfully and faithfully living within the prison life period.

In full view of these circumstances, the punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. In light of the circumstances favorable or unfavorable to the Defendants and other circumstances, including the Defendants’ age, sex, career, family relation, environment, motive, means and consequence of the crime, circumstances after the crime, crime experience, and the reasons for sentencing of the lower court’s judgment, the lower court’s punishment is too unreasonable even in light of the various circumstances asserted by the Defendants on grounds of appeal.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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