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(영문) 인천지방법원 2017.05.25 2017노1264
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and six months, confiscation, additional collection of KRW 500,00) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is recognized that the defendant administered phiphonephones three times even though he is not a narcotics handler, and possessed 3.47 g of phiphones, and that the defendant recognized and reflected the crime of this case, and actively cooperates in the investigation of narcotics crimes.

However, the defendant has been already punished three times for the same crime, and the defendant's age, sex, motive, means and consequence of the crime of this case without being aware of it even though it is a repeated crime period for the same crime, and it seems that the degree of addiction is not easy in light of the fact that the degree of addiction is not easy for a certain period of time in light of the defendant's maternity appraisal result, etc. It is necessary to punish the crime of narcotics in that it is a social path beyond individual and family, society and human society, and it is necessary to punish the crime in light of the fact that the crime of narcotics is a social path beyond the criminal act, and other various circumstances that are conditions for sentencing such as the defendant's age, sex, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, etc., it does not seem that the punishment imposed by the court below is 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.

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