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(영문) 인천지방법원 2016.09.29 2016노2391

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of 10 months, an additional collection charge of 2,214,00 won) is too unreasonable.

2. It is recognized that the Defendant’s confessions all of the crimes and reflects the wrongness, the Defendant cooperates in the investigation and renders a summary, and the Defendant has no record of criminal punishment for the crime related to penphones or marijuana.

However, in light of the fact that the crime of this case is not limited to the administration of philophones by the Defendant, but it is not good to form a crime by selling it to a third party without compensation, the amount of philophones handled by the Defendant, the method and frequency of the crime, etc., the fact that the Defendant was sentenced to a fine due to similar crimes, or the suspension of indictment due to the same kind of crime, and other circumstances that form the conditions for sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime of this case, the punishment of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.