(영문) 인천지방법원 2018.08.16 2018노1961 | 리걸엔진

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(영문) 인천지방법원 2018.08.16 2018노1961

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an additional collection of KRW 1,403,000 for a year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below is recognized that the defendant recognized the entire crime of this case as well as reflects his mistake, and that the defendant voluntarily surrenders to the investigation agency for the crime of this case [2018 order 2584] as stated in the judgment of the court below, that the defendant's family and his son wanted the defendant's wife.

However, in light of the addiction of narcotics and the harmful effects caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate the crimes of this case. The crime of this case is not only to repeatedly mephones or marijuana purchased or issued by another narcotics offender, but also to repeatedly administer them with female-friendly accomplices, and it is not good that the crime is committed in light of the content of the crime and the method of the crime. In particular, the crime of this case seems to have been actively disseminated by the method of medication with the above accomplice. In particular, the amount of the penphones handled by the defendant after he surrenders himself to the investigation agency as seen earlier. The defendant added to the penphones even after he surrenders to the investigation agency, the defendant has the history of criminal punishment for narcotics, the defendant's age, sex behavior, motive, means and consequence of the crime of this case, the motive and consequence of the crime of this case, the circumstances of sentencing after the crime of this case, and it does not seem that the court below's improper sentencing sentencing is too excessive.

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.

However, Article 186(1) of the Criminal Procedure Act shall apply to the burden of litigation costs.

유사 판례

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-의정부지방법원 2020.01.09 2019노2277

-대구지방법원 2015.11.27 2015노4002