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(영문) 인천지방법원 2018.08.16 2018노1362
마약류관리에관한법률위반(향정)
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 imprisonment of 10 months, confiscation, and collection of 100,000 won) is too unreasonable.

2. It is recognized that the judgment of the defendant recognizes the entire crime of this case as one of the crimes of this case, reflects his mistake, arrests the defendant by informing the investigation agency of his wife and leakage, takes the lead to the defendant, there is a family member to support the defendant, and seems to have been actively stated by the investigation agency as to the upper line, and the head's question has been submitted again and the head's statement has not been re-offending.

However, in light of the fact that the crime of this case was administered by the Defendant from another narcotics offender, and that it is not good to the nature of the crime, and the addiction of narcotics and the harm caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate the crime of this case. In addition, the Defendant had the record of being subject to criminal punishment several times due to drug crimes, and the Defendant committed each of the crimes of this case without being aware of the fact that he was released from the same crime after being sentenced to a punishment for the same crime, and the lower court appears to have sentenced to a punishment lower than the lower limit of the recommended punishment in light of the above favorable circumstances, etc., and taking into account all other circumstances, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the sentence of this case cannot be deemed to be unfair because the sentence imposed by the lower court is too excessive.

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.

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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