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(영문) 인천지방법원 2017.01.12 2016노3480
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (a year and six months of imprisonment, and a surcharge of two million won) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of all crimes and reflects the mistake, that the defendant actively cooperatedd in narcotics investigation by intention of the defendant's intention, and that philophones in his possession were seized to an investigative agency.

However, the crime of this case is not limited to the administration of phiphones, but it is not good that the crime of this case was committed by the defendant to sell it to a third party. The amount of phiphones offered for the crime of this case is not large, the defendant has been sentenced to imprisonment for the same kind of crime, and the defendant has been sentenced to imprisonment for seven years on June 26, 2009. The crime of this case is likely to be subject to criticism that the defendant repeats the crime even during the period of repeated crime after the execution of the sentence was completed on June 26, 209. In full view of all other circumstances, including the defendant's age, sex behavior, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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