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(영문) 인천지방법원 2018.06.07 2018노486

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an additional collection of KRW 1 year and six months, 937,000) is too unreasonable.

2. The judgment of the Defendant is recognized to recognize the entirety of the instant crime, to reflect his mistake, and to have a family member to support the instant crime.

However, in light of the addiction of narcotics and the harmful effects caused by the administration of narcotics, it is necessary to strictly punish and eradicate the crimes. The crimes of this case were committed three times for the Defendant to administer phiphones, three times for the Defendant to purchase and possess phiphonephones, and one time for the Defendant to sell and provide phiphones over six times, and the crimes were very poor; the amount of phiphones handled by the Defendant is about 3g in total; the Defendant appears to be an interim treatment measure for the distribution of phiphones; the Defendant had the history of being subject to criminal punishment twice as a drug crime; the Defendant was sentenced to punishment for the same crime; the Defendant committed several repeated offenses after being released from the commission; and the Defendant’s remaining criminal acts were committed during the period of the crime of this case; and the Defendant’s remaining criminal acts were not committed within the scope of 15th of 7th of the sentencing guidelines by taking account of the following factors; and the Defendant’s attitude and frequency of the crime of this case.

3. Thus, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.