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(영문) 인천지방법원 2020.10.22 2020노2481
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of six months and confiscation, additional collection, Defendant B: imprisonment of one year and two months and one year and two months, confiscation, additional collection, and Defendant C: imprisonment of six months and additional collection) that the court below rendered is too unreasonable.

2. The Defendants are fully aware of and reflect on their crimes.

Defendant

A has no criminal record of the same kind.

Defendant

B has no record of being punished for the same crime since 2009, and there is a mother to support.

Defendant

C did not have any criminal record, and actively cooperate in the investigation.

As above, the circumstances favorable to the Defendants are favorable to the Defendants.

However, narcotics crimes need to be strictly punished due to addiction and the personal and social harm caused thereby.

It is reasonable that the defendants deal with each other, and there are many times of crimes in the case of defendants A and B.

Defendant

B has been punished seven times for the same crime before 2008.

In full view of the above circumstances, the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the instant pleadings, including the circumstances after the crime, and the scope of recommended sentences based on the sentencing guidelines set by the Supreme Court Sentencing Committee, each sentence imposed by the lower court is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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