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(영문) 인천지방법원 2017.08.10 2017노1638
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (two years of imprisonment, confiscation, and collection KRW 2 million) is too unreasonable.

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

In the trial of the party, the victim N was paid KRW 500,00,000 and the defendant was not punished.

The cooperation in the investigation was made, and the branch and family have been complaining of the wife.

However, it is inevitable to keep the defendant under detention for a considerable period of time.

The number of philophones handled is large and the positive reaction has been made in the hair.

Many criminal records have been committed several times, and a large number of crimes related to narcotics have been committed again, such as this case, even though punishment has been imposed four times or more due to crimes related to narcotics.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The N's agreement submitted in the trial is too late and the amount of payment is not significant, so it is not a special circumstance to reduce it.

In addition, in full view of various sentencing conditions under 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. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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

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