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(영문) 인천지방법원 2019.09.26 2019노1936

마약류관리에관한법률위반(향정)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the crimes described in paragraph (2) of the judgment of the court below, Defendant 1 did not sell phiphones to E, because the Defendant purchased phiphones from D and delivered phiphones to E upon the request of E to request to seek phiphones. 2) The punishment sentenced by the court below of unfair sentencing (one year of imprisonment, one additional collection of 600,000 won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The part of the Defendant’s assertion of mistake or misapprehension of legal principles also asserted to the same effect, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning. In light of the evidence duly adopted and examined by the lower court and the reasoning of the lower court, the lower court’s above determination is justifiable and acceptable, and contrary to what is alleged by the Defendant, the lower court did not err

Therefore, this part of the defendant's argument is without merit.

B. The Defendant committed the instant crime during the suspension period of execution due to the same kind of crime and the repeated crime due to the same type of crime, etc., which is disadvantageous to the Defendant. On the other hand, the Defendant appears to have both recognized and reflected the facts of the instant crime, and the fact that there was no criminal conviction due to the same kind of crime.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age of the Defendant, health status, character and conduct, environment, and circumstances, etc., the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, this part of the defendant and prosecutor's argument is without merit.

3. Conclusion.