logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.20 2016노1827
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime No. 1 and No. 2 in the original judgment: imprisonment with prison labor for six months, the crime No. 3 and No. 4 in the original judgment: imprisonment with prison labor for one year, and a surcharge for 420,000 won) declared by the court below is too unreasonable.

2. It is recognized that the judgment of the court below is necessary to determine punishment in consideration of equity with the case where the defendant makes a judgment concurrently in relation to the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act, which became final and conclusive on November 27, 2014 in the case of the crime of Articles 1 and 2 of the judgment below.

However, the crime of this case is not limited to the administration of philophones, but not the quality of the crime is not good, the defendant has been sentenced to criminal punishment including the same crime several times, and each of the crimes of this case has been repeated during the period of repeated crime due to the same crime. In full view of such circumstances and other various circumstances, including the defendant's age, character and conduct, the motive, means and consequence of the crime of this case, the circumstances after the crime, etc., the sentence of the court below 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 ground that it is without merit. It is so decided as per Disposition.

arrow