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(영문) 인천지방법원 2019.01.24 2018노2865
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and penalty collection) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Although the Defendant recognized the crime, since the crime of narcotics is highly harmful to society, there is a need to strictly punish even if the crime is not administered once, the Defendant is able to have criminal records including narcotics crimes, and the Defendant was in the probation period due to the suspension of execution and probation of the same drug crimes. The Defendant was in the probation period at the prosecutor of the probation office’s simple scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scopic scops

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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

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