(영문) 인천지방법원 2018.03.15 2018노146 | 리걸엔진

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(영문) 인천지방법원 2018.03.15 2018노146

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is so unreasonable that it is too unreasonable that the punishment sentenced by the lower court (an additional collection of KRW 1 year and six months, and KRW 1.2 million) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflected in his mistake, recommended other narcotics-related offenders to engage in the investigation, etc., and that the Defendant cooperates in the investigation, and that the health status is not good.

However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., it is necessary for the Defendant to strictly punish and eradicate them. The Defendant already committed each of the crimes of this case without being aware of the fact that the Defendant committed the crime of this case even though he was released from the sentence of the same crime after being sentenced to the punishment for the crime related to narcotics (including marijuana) and without being aware of the fact that the Defendant committed each of the crimes of this case during the period of repeated crime after being released from the sentence of the same crime, not only the simple medication, but also the case where a phiphone who was issued by the upper line as an intermediary is sold to a large number of narcotics, and the nature of the handled phiphones is weak, the quantity of the phiphonephones handled, and the result of the mephone’s assessment was from the “training” reaction (6.5 cm to 7 cm before the me). Considering that the Defendant’s phiphone addiction degree might be less than that of the Defendant, the Defendant’s age, the motive, means and consequence of the crime of this case, etc.

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.

유사 판례

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-대구지방법원 2016.08.26 2016노2392

-대구지방법원 2016.02.05 2015노5193