(영문) 인천지방법원 2018.02.01 2017노4272 | 리걸엔진

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(영문) 인천지방법원 2018.02.01 2017노4272

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (a punishment of eight months of imprisonment, additional collection of KRW 1790,00) imposed by the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and is against the law, voluntarily surrenders, and there is no record of punishment for narcotics crimes.

However, the crime of this case is deemed to have purchased, delivered, and administered phiphones even though the defendant is not a narcotics handler. In light of the addiction of narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate the crime of this case. The defendant distributed phiphones purchased to others by delivering phiphones, and it seems that the degree of addiction is not easy in light of the result of the defendant's assessment of her maternity, etc., and it seems necessary to be isolated from society for a certain period of time. The defendant committed the crime of this case even during the period of repeated crime due to this type of crime, while the defendant continued to commit the crime of this case even during the trial due to a separate case (Seoul District Court 2016 High Court 2016 High Court 5912). In full view of the above, the defendant's sentence is inevitable.

In full view of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, including the circumstances after the commission of the crime, as well as various circumstances that form the conditions for sentencing as indicated in the instant records and theories on changes, the lower court’s punishment is too 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.

유사 판례

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