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(영문) 인천지방법원 2017.05.18 2017노1077
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (one year and four months, additional collection of 600,000 won) is too unreasonable.

2. The crime of this case is recognized that the defendant purchased philophones twice even though he is not a narcotics handler, and administered philophones purchased over three times, and the defendant recognized the crime of this case and reflected it.

However, the Defendant did not know even during the period of the suspension of execution for the same kind of crime, and the quality of the crime is not good. The Defendant stated that Q Q was purchased from the police immediately after arrest, and the police presented data about tracking the location of the mobile phone, and stated that the Defendant was purchased from Q as the Defendant’s statement and the cell phone location were to be asked for any discrepancy between the location of the mobile phone (Evidence No. 133 page) and the Defendant’s maternity appraisal result, etc., and it seems that the degree of addiction is not easy for a certain period, and it seems that isolation from society is necessary for a certain period of time. Narcotics crimes result in decilization of individuals, homes, society, and human society beyond individual criminal acts, and thus, need to be punished strictly in light of the fact that the Defendant’s age, sex, motive, means, results, etc. of the instant crime, as well as the circumstances of sentencing after the crime. In full view of the various circumstances, the lower court’s sentence is 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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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