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(영문) 서울중앙지방법원 2014.08.28 2014노2467
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the defendant A: imprisonment of one year and eight months, and additional collection of 1,722,300 won, and the defendant B: imprisonment of ten months and additional collection of 900,000 won) is too unreasonable.

2. As to the grounds for appeal of this case, the Defendants made confession of all of the crimes of this case and repented in depth, and the Defendants’ health conditions are somewhat difficult to decrease their prison life due to their lack of good condition.

However, the crime of this case committed by Defendant A falls under the category 1 and 2 (in the case of marijuana, native (b) and (c) in the sentencing guidelines) in the area of aggravation (1 and 6-4 years), the area of aggravation (1 year and 6-4 years), [3 years of suspension of execution within 3 years), the area of aggravation (1 to 3 years of recommendation), the area of aggravation (1 to 1 year), the area of aggravation (1 to 3 years of suspension of execution within 3 years), the area of aggravation of medication (1 to 3 years), and the area of final sentence due to the aggravation of multiple crimes (in the case of a person under special relationship), etc., the scope of punishment due to the aggravation of multiple crimes is calculated from 6 to 7 years.

On the other hand, even though Defendant A had a record of punishment for eight times for the same crime, Defendant A started to refrain from committing a philopon at least 30,000,000 after the execution of the final sentence was completed, and the transfer of philopon handled is not a few.

In addition, the crime of this case committed by Defendant B falls under the basic area (1 to 2 years), 2, and 3 types of crimes (1 to 3 years), 2 (2, and 3 (2 to 10 to 2 years), including administration, simple possession, etc., according to the sentencing guidelines (10 to 2 years), and the final scope of sentence due to the aggravation of multiple crimes is calculated from 1 to 3 months.

On the other hand, even though Defendant B had been punished four times for the same crime, Defendant B committed a philophone crime.

In addition to the above circumstances, the defendants' age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., are various conditions of the arguments in this case and the sentencing indicated in the records.

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