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(영문) 서울중앙지방법원 2019.01.17 2018노3306
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor of 10 months and collection of 200,000 won, Defendant B: imprisonment with prison labor of 1 year and 6 months and 303,00 won, and collection of 303,00 won) that the lower court sentenced to the Defendants are too unreasonable.

2. The Defendants are against all the judgment that recognized the crime.

Defendant

In A, the number of crimes and the number of philophones handled are not much.

Such circumstances are favorable to the Defendants.

However, the Defendants had a record of being punished several times for the same crime, and in particular, there is a high possibility of criticism again during the period of repeated crime for the same crime.

Defendant

In the case of B, not only the receipt, medication, possession, but also the smoking and possession of marijuana, and there are many transfers of narcotics handled.

Such circumstances are disadvantageous to the Defendants.

In addition, comprehensively taking account of the following: the Defendants’ age, career, character and conduct, environment, family relation, health status, motive and circumstance of the crime, and the sentencing guidelines of the Supreme Court Sentencing Committee, the sentence against the Defendants cannot be deemed unfair because they exceeded the reasonable limit of discretion.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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