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(영문) 인천지방법원 2017.12.21 2017노4035
마약류관리에관한법률위반(향정)
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 (a 1 year of imprisonment, an additional collection of 1.1 million won) is too unreasonable.

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

Cooperation was made to narcotics investigation.

There are also circumstances that family members want to take care of their wife in order to ensure that there is no good health and intellectual disability, and that it is difficult to say that family members want to take care of them.

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

There are few times to administer and arrange philophones.

It is also considered that there are many criminal records.

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

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in 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, it shall not be deemed that the lower court’s punishment is too unreasonable.

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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