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(영문) 인천지방법원 2017.07.13 2017노1358
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Costs of lawsuit shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is that the punishment (one year of imprisonment; additional collection of KRW 6,740,000) determined by the court of the original instance is too unreasonable.

2. The judgment is deemed to have led to the confession and reflect on the crime, and the spouse and the branch appeal.

It also aims to help other criminal offenders return to society, and it is not good to health.

However, the criminal liability of the defendant is not against the law.

In addition to the medication, a considerable amount of philophones have been sold for profit.

The philophone ingredients were detected in the amlophones.

Although until 199, it has long been punished several times for the same crime.

Since philophones are highly addicted and individually and socially harmful effects are serious, it is right to sentence punishment so that it can be clearly cut off.

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, the lower court’s sentence is not deemed unfair.

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.

In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the Defendant bears the cost of lawsuit (limited to the witness cost incurred at the lower court). If an appeal is dismissed against the lower court that did not state any of the main text and reasons as to the bearing of the cost of lawsuit, the appellate court may hold a trial as to the bearing of the cost of lawsuit by adding the cost of lawsuit at the first instance court to the cost of lawsuit, and the cost of lawsuit is cost of lawsuit.

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