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(영문) 인천지방법원 2014.02.13 2013노3899

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. Although the Defendant led to confession, the crime of this case is deemed to be unfair in light of the circumstances unfavorable to the Defendant, such as: (a) the Defendant administered a phiphone over several occasions; (b) possessed a considerable amount of phiphones; and (c) delivered a phiphone to other persons; and (d) the nature of the crime is very poor in terms of harm and danger of recidivism that may affect the society; and (b) the fact that there was a history of punishment for a suspended sentence or for a suspended sentence, even though it was not a like crime, and all other sentencing conditions indicated in the records of this case, the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.