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(영문) 인천지방법원 2015.01.08 2014노3725
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year and four months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below that the defendant led to the crime and expressed his intention to cut narcotics, but the defendant repeats the crime even though he had been punished for the same kind of crime two times, that the defendant was sentenced to one year imprisonment with the previous department, and was sentenced to the imprisonment with prison labor, and thus, did not go against the sentence, and thus, the crime of this case was committed. The amount and frequency of the penphone handled by the defendant is reasonable, and the contents of the crime are not good, such as arranging and delivering the penphones, and all other factors of sentencing, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., it is not determined that 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 since it is without merit. It is so decided as per Disposition.

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