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(영문) 인천지방법원 2018.08.16 2018노2084
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (one year and six months of imprisonment, additional collection) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court of the judgment, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant recognized the instant crime, given that the instant crime was committed, there is a large need to strictly punish the Defendant, considering that the instant crime is committed, given that there is considerable social prejudice, the instant crime is committed more serious, and the liability for the offense is committed in relation to medication, purchase, as well as the distribution of narcotics, and the transfer of narcotics handled, there is a large number of criminal records, including narcotics crimes, against the Defendant. This case is a crime committed during the same period of repeated crime, and there is no need for the Defendant to faithfully take into account the fact that the Defendant is a criminal committed during the same offense, and there is no new circumstance to consider the sentencing after the issuance of the lower judgment, the Defendant’s age and health, sex, environment, motive, means and consequence, and circumstances after the criminal records and circumstances.

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).

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