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(영문) 인천지방법원 2017.12.14 2017노3962

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a punishment of imprisonment of three years, confiscation, collection 203,00 won) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

There are no criminal records of the same kind of narcotics and fraud, and cooperation was made in the investigation.

There are many circumstances in which family members appeal their wife as well as good health.

However, even if the defendant's liability to commit a large amount of crime is not less than string, it is inevitable to detain the defendant for a certain period of time, even if he takes into account the strong addiction of philophones in cultivating marijuana and keeping considerable quantity.

Even after a long period of time has passed, damage caused by fraud has not been recovered.

Fraud K is a criminal defendant's severe punishment.

The Defendant has a number of criminal records ( primarily theft). The court of the court of the original instance rendered the sentence against the Defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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