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(영문) 인천지방법원 2014.02.13 2013노3894
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two months of imprisonment and additional collection) is too unreasonable.

2. Although the Defendant’s judgment at the latest reflects the following, the crime of this case is deemed to be unfair in light of the fact that the Defendant purchased a phiphonephone and administered it, and smoked marijuana also in terms of harm and risk of recidivism to the society, the crime of this case is highly poor in terms of the nature of the crime, the punishment of imprisonment with prison labor or suspended execution due to the same kind of crime in the past, the court below sentenced a sentence of imprisonment with prison labor for one year or less than three years and six months, which is a recommended sentence according to the sentencing guidelines set by the Supreme Court in consideration of the favorable circumstances for the Defendant, and all the sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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