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(영문) 부산지방법원 2014.08.14 2014노1856
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (the imprisonment of one year and two months, the imprisonment of one year and six months, and the additional collection) is too unreasonable.

Judgment

The defendants, etc. who confession the crime of this case in their depth and reflects their depth, are favorable to the defendants; however, there is a total of 10 times including that Defendant A was punished twice for the same kind of crime; Defendant A was punished once for the same crime; Defendant A does not seem to be against the authenticity of the criminal investigation agency, such as silenting the upper line at the investigative agency; Defendant B was dismissed; although Defendant B was requested for detention warrant on February 1, 2014 for the same kind of crime, Defendant B was delivered and administered a penphone without being aware of the fact that the court below was determined by considering the circumstances favorable to the defendants; in light of the sentencing of the same similar case, the court below appears to have taken into account the motive and circumstance of the crime of this case, the circumstances and circumstances of the crime, Defendant’s age, personality, conduct, environment, etc.; and considering various circumstances that are the conditions of sentencing as shown in the records and arguments of this case, it is unreasonable to deem the sentencing of the court below to be too inappropriate.

In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal is without merit. It is so decided as per Disposition.

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