logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.10 2017노2207
마약류관리에관한법률위반(향정)
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 year and four months of imprisonment, and additional collection KRW 600,000) is too unreasonable.

2. The crime of this case is recognized that the Defendant purchased and administered philophones even though he is not a narcotics handler, and that the Defendant recognized the entire crime of this case and reflected, and actively cooperates in the investigation of the narcotics offender.

However, the defendant has been punished three times for narcotics crimes (two times of imprisonment, fine one time), and without being aware of the fact that the crime was committed during the period of repeated crime due to narcotics crimes, and the nature of the crime is not good, and in light of the result of the defendant's maternity appraisal against the defendant, etc., it seems that the degree of addiction is not easy for a certain period of time, and it is necessary to be isolated from society for a certain period of time, and the crime of narcotics requires strict punishment in that it is social pathology beyond individual and family, society, and human society, and it is necessary to take into account other various circumstances, such as the defendant's age, sexual conduct, motive, means, and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by the court below is not unfair because it is too excessive.

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.

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

arrow