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(영문) 인천지방법원 2016.10.20 2016노2231
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The decision-making defendant has tried not to repeat a crime by breaking a mistake.

The amount of philopon handled by the defendant is about 0.09g.

However, in full view of the following circumstances: (a) the Defendant had two previous convictions, and was sentenced to one year of imprisonment for the same kind of crime; (b) the Defendant committed the instant crime on December 17, 2015 only three months after having been released from the prison; and (c) the nature of the crime is not easy by providing phiphones to others even in addition to the administration of phiphones; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., 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 ground that it is without merit. It is so decided as per Disposition.

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