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(영문) 인천지방법원 2017.01.26 2016노4151

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a year and six months imprisonment, and a surcharge 2290,00 won) imposed by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, actively cooperated in the investigation into narcotics, and that the family situation of the defendant is not good.

However, in full view of the following circumstances: (a) the Defendant’s crime of this case was committed by 11g philopon to a third party; (b) the nature of the crime is not good; (c) the amount of philopon provided for the crime is relatively large; (d) the Defendant had the same criminal records; and (e) the Defendant was guilty of committing the crime of this case without being aware of the fact that the Defendant was committing a repeated crime even though he was committed for the same kind of crime; and (e) other circumstances, which are the conditions for sentencing, such as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair

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.