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(영문) 인천지방법원 2018.02.01 2017노4628 (1)

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one hundred months of imprisonment, three years of suspended sentence, observation of protection, community service work 120 hours and additional collection 106,00 won) is too unreasonable.

2. It is recognized that the decision-making defendant recognized and reflected the instant crime, that there was no record of punishment for narcotics crimes since 2004, that self-denunciation was made in relation to the instant crime, and that he actively cooperated with the investigation of narcotics crimes.

However, the crime of this case is deemed to require measures such as protection, observation, etc. for a considerable period of time, considering that the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc. are taken into account, and it is necessary to strictly punish and eradicate the crimes of this case in light of the addiction to narcotics and the harm caused by the medication of narcotics, etc.

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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.