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(영문) 인천지방법원 2017.05.25 2016노4817
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment (one year of imprisonment; confiscation; additional collection of 300,00 won) determined by the court of the original instance is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

The amount of acceptance shall be small, the number of medications shall be limited to once, and cooperation in the investigation was made.

Family members are coaled and healthy.

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

There are several criminal records, and they committed a crime again even though they had been sentenced to punishment of 10 months of imprisonment for the same crime in 2012.

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. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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

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