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(영문) 인천지방법원 2018.12.13 2018노2992
마약류관리에관한법률위반(향정)등
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 eight months of imprisonment, confiscation, and collection) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared to the judgment of the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant has recognized the instant crime, as the lower court has stated in detail, the instant crime committed various narcotics crimes, such as the purchase, medication, delivery, reception, possession, smoking of marijuana, etc. As the Defendant stated in detail, it is highly necessary to strictly punish the relevant narcotics crimes in light of the social malicious nature of the crime. In particular, the crimes related to the distribution of narcotics, such as purchase, teachers, etc., cause the spread of narcotic addicts, and thus, the liability of the relevant crime is more serious, the Defendant has a large number of criminal records of transfer of narcotics, the fact that the Defendant is a repeated crime committed during the period of the same kind of narcotics crimes, and the Defendant’s favorable circumstances that the lower court had already determined the Defendant’s age and form of sentencing.

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

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. It is so decided as per Disposition.

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