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(영문) 광주지방법원 2015.08.18 2014노2448
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 40 hours of probation, probation, and pharmacologic, 960,000 won of confiscation, additional collection, and Defendant B: imprisonment for August, suspended execution, 2 years of probation, 40,000 won of probation, and 300,000 won of collection) is too unreasonable.

Judgment

Defendant

A has no record of being punished for the same crime; the circumstances favorable to the beginning of the crime; the crime related to narcotics are not less than the nature of the crime in terms of social harm and the risk of recidivism; the defendant A’s appearance of the crime (the sale, receipt, possession, medication) is diversified; the defendant’s motive and circumstance leading to the crime of this case; the circumstances before and after the crime of this case; the defendant’s age, character and conduct, environment, family relationship, etc.; and the scope of recommended balancing of sentencing guidelines (the period between October and March 8), it cannot be deemed that the sentence of the court below is too unfair.

Thus, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since all of the appeals are without merit.

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