logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.08.10 2017노1951
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a 10-month imprisonment, an additional collection of 500,000 won) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and the reflection of the crime, and cooperation with the investigation was made.

The family and branch members appeal their wife, and the health of which is very good.

However, it is inevitable to keep the defendant under detention for a considerable period of time.

Even though two times of punishment for the same drug crime has been imposed, it is a repeated crime (this paper). The court of the court of the original instance has determined the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances (the recommended sentencing criteria was lower than the recommended sentencing criteria). As a result, there is no new circumstance that could be considered in particular in sentencing after the sentence of the original judgment.

In addition, in full view of various sentencing conditions under 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.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

arrow