beta
(영문) 인천지방법원 2018.05.10 2018노420

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (a prison term of 10 months, an additional collection of 300,000 won) is too unreasonable.

2. The judgment of the court below is against the defendant's recognition of the crime and has cooperation in the investigation of narcotics crimes. However, the defendant has a total of six times criminal punishment including the defendant who was punished once for the same kind of narcotics crime, and the defendant has a total of six times criminal punishment, as well as the purchase and delivery crimes. Narcotics crimes require strict punishment when considering the social malicious circumstances. In particular, crimes related to the distribution of narcotics, such as giving and receiving, etc., cause the spread of narcotic addicts, causing the spread of narcotic addicts, and thus, are more serious than the mere administration. There is no special circumstance to consider the sentencing after the decision of the court below, and there is no other circumstance to consider the sentencing, and in full view of all the sentencing conditions and sentencing guidelines of the sentencing committee mentioned in the arguments, such as the defendant's age, health, sexual behavior, environment, motive, means and consequence of the crime, etc., it cannot be said that the sentence imposed by the court below is unfair because it is too excessive

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).