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(영문) 수원지방법원 2015.09.11 2015노3302
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant A: imprisonment of 1 year and 6 months, additional collection of 2.2 million won, the imprisonment of 1 year, confiscation and additional collection of 19.5 million won) declared by the court below against the defendants is too unreasonable.

2. The lower court determined the Defendants by taking account of the favorable circumstances and unfavorable circumstances as set forth below.

In light of all favorable circumstances, including the following: Defendant A’s previous conviction four times (one fine, one suspended sentence, and two suspended sentence); Defendant B had the same criminal conviction for the same kind; Defendant B had the same criminal conviction once (one suspended sentence); the number and quantity of the Defendants administered and purchased; the Defendants committed the crime of this case during the period of repeated crimes of the same kind; and Defendant A committed the crime of this case at once during the period of repeated crimes of the same kind; etc., the sentence imposed by the lower court is appropriate; Defendant A committed the crime of this case against the Defendants; the crime of this case was conducted for the medication and the purchase for the medication; the Defendants supported their respective children; the Defendants cooperation with the investigation into drug crimes; and other circumstances asserted by the Defendants as the grounds for appeal, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendants is excessive.

3. In conclusion, the defendants' appeal is without merit and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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