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(영문) 인천지방법원 2017.11.30 2017노1124

마약류관리에관한법률위반(향정)

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 judgment (the 3 years of suspended sentence of 1 year imprisonment, the observation of protection, the lecture attendance order 40 hours, community service 120 hours, and the additional collection 100,000 won) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and the reflection of the crime, and cooperate with the narcotics investigation company.

There is no good health, and there is also a situation in which the spouse and the father's mother appeal for the wife.

However, it is inevitable to take the above measures including observation of protection and community service in order for the defendant to take a short time.

The contents of the medical certificate submitted by the defendant are about the disease (brain color and heart color) which has been diagnosed and has been taken measures in the past, and it is only the fact that there has been no mentioning that it has been rapidly aggravated, and that pharmacologic is necessary.

Even if the defendant takes into account that he is currently under separate detention as a crime of the same kind, the order of community service by the court below is not unreasonable.

Furthermore, there are several criminal records, and criminal records and criminal records of the same sentence have been four times.

The court of the court below 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.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

참조조문