(영문) 인천지방법원 2018.05.31 2017노4834 | 리걸엔진

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(영문) 인천지방법원 2018.05.31 2017노4834

마약류관리에관한법률위반(향정)

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All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the following sentences, which the court below decided against the Defendants, are too unreasonable.

Defendant

A: Imprisonment with prison labor for a year and six months: One year, two years, observation of protection, and community service for a period of 120 hours; one year, respectively.

2. In full view of the following circumstances admitted to each of the Defendants based on the records of judgment, and all of the sentencing conditions in the pleadings, including the Defendants’ age, health, sexual conduct, environment, motive, frequency of the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

Therefore, the defendants' argument of sentencing is without merit.

A. Although Defendant A has acknowledged all of the instant crimes and actively cooperated in the investigation, Defendant A had a total of 10 times of criminal punishment, including three times of narcotics crimes (two times of actual punishment, and one fine). Defendant was a repeated crime due to the same drug crimes. The instant case was a repeated crime due to the same drug crimes. The Defendant committed a crime again in the absence of one month and one month of release, the Defendant committed a crime as well as a (one time) and committed a sales (four times of punishment) in a very short period of time (the instant crime was committed for a weak period of time). Narcotics crimes have a great need to be punished when considering the social malicious nature of the crime. In particular, crimes related to the distribution of narcotics, such as sale, etc., have resulted in the spread of narcotic addicts, and thus, it is inevitable to punish the Defendant more severe than the mere possession, and the Defendant appears to play a key role to connect the drug supplier and the person who administers narcotics.

The lower court sentenced the lowest limit of the scope of sentence according to the sentencing guidelines of the Sentencing Committee.

B. Defendant B is against the Defendant’s recognition of the crime and is subject to criminal punishment.

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