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(영문) 인천지방법원 2017.11.02 2017노3335
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the punishment (one year of imprisonment, additional collection 200,000 won) imposed by the court below is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects it, and that there was no record of punishment for narcotics crimes since 2013.

However, the crime of this case is deemed to require isolation from society for a certain period of time in light of the fact that the defendant purchased and administered phiphones even though he is not a narcotics handler, and the defendant went to the crime of this case two times of suspended execution, imprisonment, even though he had been sentenced three times of imprisonment, and the nature of the crime is not good, and the result of the defendant's maternity appraisal of the crime of this case, etc., it seems that isolation from society for a certain period of time is not necessary. The crime of narcotics is likely to cause debrising to individuals, homes, society and human beings, and it is necessary to strictly punish the crime in that it is beyond personal criminal acts and social pathology, and other various circumstances, such as the defendant's age, sex, motive and means of the crime of this case, the motive and consequence of the crime of this case, and the circumstances after the crime, etc., are considered to be unfair due to excessive punishment of the court below.

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.

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