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(영문) 인천지방법원 2018.01.11 2017노4230
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (one year of imprisonment, two hundred thousand won of collection) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime and the reflectivity, and the self-denunciation and the active cooperation was made on the narcotics investigation.

However, it is inevitable to keep the defendant under detention for a considerable period of time.

The punishment for the same crime is 14 times, and the punishment for the same crime is 14 times, and the recidivism is a repeated offender who has been released from prison after having served one year of imprisonment for the same crime, and three months.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

Although there is a result of additional cooperation in investigation in the trial, it is difficult to reduce it.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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