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(영문) 서울북부지방법원 2017.04.21 2017노395
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. There is no significant change in circumstances to consider the sentencing of Defendant A after the lower judgment by Defendant A.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

Therefore, the defendant's argument of sentencing is not accepted.

B. The police officer who investigated Defendant B submitted to this court a factual confirmation that the Defendant cooperates with the investigation of another drug offender, which is favorable to the Defendant.

However, considering all the favorable circumstances, including the above favorable circumstances, the lower court’s sentence cannot be deemed unfair, even if the circumstances alleged by the Defendant on the ground of appeal are considered.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, all appeals by the Defendants are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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