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(영문) 인천지방법원 2017.06.29 2017노197
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a punishment of 10 months, additional collection of 540,000 won) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and reflectiveness, and his family members and branch members appeal against the wife.

It is economicly difficult circumstances.

However, the criminal liability of the defendant is not against the law.

Despite the fact that there have been several criminal records, the same crime has been committed again even though the suspended sentence was committed for the same kind of crime.

It also takes into account the detection of philopon ingredients in Moscopher, and the escape without complying with the investigation.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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

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