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(영문) 인천지방법원 2018.11.08 2018노2411
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an additional collection of KRW 10 months, 6,000) is too unreasonable.

2. It is recognized that the defendant recognized the entire crimes of this case as well as reflects his mistake, that there is no record of criminal punishment for narcotics crimes, that there is a family member to support, that the family member and the branch members of the defendant want to leave the defendant's wife.

However, the crime of this case was committed not only twice by the defendant, but also by the case where the driver's license was revoked due to the drinking driving of this case, and the nature of the crime is not good in light of the circumstances and methods of the crime. In particular, the defendant actively recommended the smoking of marijuana to a person who was familiar with the motherel in the course of the crime of this case. The defendant committed the crime of this case without being aware of the fact that he was under the suspension of the execution of imprisonment with prison labor, even though he was under the suspension of the execution of this case, there is no special change of circumstances that may be newly considered after the sentence of the court below, and other factors such as the defendant's age, sex behavior, environment, means and method of the crime, and the balance between the same and similar cases as the court below's punishment are too unreasonable.

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.

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