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(영문) 인천지방법원 2017.09.14 2017노2818
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 3 shall be confiscated.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing, each of the sentencing sentencing) by the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfased and unfair, as it is too unfasible.

2. The crime of this case is recognized that the Defendant administered philophones even though the Defendant is not a narcotics handler. The Defendant recognized the crime of this case in the first instance, and reflects it, and the Defendant’s report was discovered by the Defendant’s parent.

However, the Defendant was sentenced to imprisonment with prison labor for a year and two months due to drug crimes, and was sentenced to imprisonment with prison labor for not less than one year after being released, and thus, the offense was not good, and the Defendant did not commit the instant crime. The Defendant denied the initial phiphone medication at the time of the investigation, refused to recover the culp, by the court’s search and seizure warrant, and did not clearly disclose the source of the phiphone, which was administered (the Defendant stated that the phiphone source was E).

However, the defendant made a statement that he continued to deny the crime at an investigative agency and administered ampample, ample, ample, or ample, etc. The defendant, at the time of arrest, committed an act more than by talking about the police officers who called out, such as the defendant's voice, etc. 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 and need to be isolated from society for a certain period of time, and it is necessary to strictly punish the crime in that it is an individual, home, society, and human society as it brings about the depression of individual crimes beyond the criminal act, and it is necessary to strictly punish the crime in light of other various circumstances that are conditions for sentencing, such as the defendant's age, sexual conduct, motive, means, and result of the crime in this case, and the circumstances after the crime, etc., the scope of recommended sentencing [determination of types] according to the sentencing guidelines set by the Supreme Court Decision.

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