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(영문) 인천지방법원 2017.02.16 2016노4548
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year and two months of imprisonment, and a surcharge of 3.8 million won) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime and reflects the wrongness, and that the defendant was not subject to any particular criminal punishment after the death of 2002.

However, in full view of the following circumstances: (a) the Defendant’s act of committing the instant crime is not good to have sold phiphones to a third party; (b) the amount of phiphones sold by the Defendant is relatively large; (c) the Defendant was subject to criminal punishment, including punishment, for the same kind of crime; and (d) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (e) other circumstances that are conditions for sentencing, such as the circumstances after the commission of the crime, the lower court’s punishment is too 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.

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