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(영문) 인천지방법원 2018.12.06 2018노3082

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 imprisonment of one year and 300,000 won) is too unreasonable.

2. It is recognized that the Defendant recognized the entire crime of this case and reflects his mistake, and that a de facto spouse needs nursing due to mental illness such as a de facto disorder, etc., and that a de facto spouse in a de facto marriage and his/her children wish to have the Defendant’s wife repeatedly.

However, in light of the crime period and frequency of the crime, and the addiction to narcotics and the harm caused by administration of narcotics, etc., the crime of this case requires strict punishment and eradicating the crime of this case in light of the following facts: (a) the defendant has already been sentenced to criminal punishment several times as well as the defendant has committed the crime of this case even during the period of repeated crime after being released from a prison with a punishment for narcotics, etc.; (b) although the defendant has a strong desire to keep the criminal intent, there is little possibility that the defendant may repeat the crime of this case in light of the criminal records of the defendant, the form of the crime of this case, and the result of the appraisal of the Macopic.

In light of the above-mentioned favorable circumstances, etc., the court below held that the lower court sentenced the sentencing guidelines for the enactment of the sentencing committee of the Supreme Court, and other factors such as the Defendant’s age, sex, environment, means and method of crime, and results, etc., the sentence imposed by the court below 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.