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(영문) 의정부지방법원 2015.06.26 2015노1039
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since each sentence (one year and six months of imprisonment, and one year of imprisonment) declared by the court below to the Defendants is excessively unreasonable.

2. The defendants made a confession of the crime of this case and made statements that they have a depth of their mistake in depth, and thus, they are hard to say that the defendants are dependent on the defendants, and their family members want to leave the ship, and Defendant A did not have any history of punishment in Korea and Defendant B did not have any criminal record of the same kind of offense, thereby recognizing the conditions favorable to the defendants.

However, each of the crimes of this case committed by the Defendants is not only against the nature of the crime due to the administration, possession, etc. of philophones, but also against the quantity of philophones handled, the social harm caused by narcotics is greater, the number of crimes is higher, and Defendant B is highly likely to be subject to criticism during recidivism during the suspension period of execution due to the crime of this kind. Considering the various circumstances of the Defendants, the lower court did not have any special circumstance to mitigate the sentence of the lower court in the trial, and there is no evidence to deem that the act of philophones of this case was caused by illegal naval investigation, such as the alcohol or attack, etc. of the investigative agency. There is no balance with the ordinary sentencing in the same or similar cases, and there is no other evidence to support that the Defendants’ age, character and behavior, intelligence and environment, motive and background of the crime of this case, the motive and consequence of the crime of this case, family relationship, health conditions after the crime, etc., are too inappropriate, and thus, the lower court did not have any reasonable and unfair reasoning for each of the Defendants.

3. Accordingly, the Defendants’ appeal is without merit.

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