logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.10.26 2017노3071
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable that the punishment (two years of imprisonment, additional collection 1,733,000 won) imposed by the court below is too unreasonable.

2. The crime of this case is acknowledged that the defendant, even though he is not a narcotics handler, sells, delivers, administers, and possesses phiphonephones, smokes and possesses marijuana. The defendant recognized and reflected the crime of this case, and actively cooperates in the investigation into narcotics crimes from the original court to the appellate court, and the defendant's health status is not good.

However, the Defendant had been sentenced once to a suspended sentence and six times of punishment due to drug crimes, and had been sentenced to the instant crime only for nine months after release even during the repeated period due to drug crimes. The nature of the instant crime is not good, and the amount and frequency of phiphonephones handled by the Defendant are distributed to others by selling and delivering phiphones handled by the Defendant, and the degree of addiction is not easy in light of the result of the Defendant’s maternity appraisal, etc., and it seems necessary to be isolated from society for a certain period of time. Narcotics crimes result in decilization of individuals, homes, society, and human society beyond individual criminal acts, and thus, need to be punished, and in light of other circumstances, the Defendant’s age, sex, motive and means of the instant crime, results, etc., as well as the circumstances after the instant crime, the lower court’s punishment is 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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

arrow