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(영문) 인천지방법원 2018.02.01 2017노2473
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the sentence imposed by the lower court (a punishment of one year, a suspended sentence of three years, protection and observation, 40 hours of pharmacologic treatment, community service 80 hours, confiscation, additional collection of 60,00 won) is too unreasonable.

2. It is recognized that the judgment defendant recognized the crime of this case and reflects the crime of this case, there is no record of punishment for narcotics crime, and there is an old parent to support.

However, the crime of this case is deemed to have traded, delivered, and administered phiphones even though the defendant is not a narcotics handler. In light of the addiction to narcotics and the harm caused by medication of narcotics, it is necessary to strictly punish and eradicate the crimes of this case. In particular, the crime of selling and selling narcotics, such as the crime of this case, requires a more strict punishment to spread and distribute narcotics in such a way as to put others into drug addiction, and gain illegal profits through it, and it seems that measures such as surveillance of protection are necessary in light of the defendant's age, sex, motive and means of the crime of this case, the consequence of the crime, and the circumstances after the crime, etc., and it does not seem that the court below's punishment is unfair because it 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.

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