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(영문) 인천지방법원 2017.10.26 2017노3073
마약류관리에관한법률위반(향정)
Text

The Defendants’ appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each type of punishment (Defendant A’s imprisonment of 1 year and 2 months, additional collection of 4,477,00 won; Defendant B’s imprisonment of 10 months, additional collection of 2,950,000 won) set by the court of the original instance is too unreasonable.

2. The Defendants seems to have led to the confession and reflect on the crime.

It is also considered that cooperation has been made to narcotics investigation.

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

The number of the Defendants committed this case is the majority, and the period is long, and recidivism was committed even though they had been punished for the same kind of crime.

The court of the lower judgment rendered a sentence against the Defendants 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.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, including the Defendants’ age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. In conclusion, the Defendants’ grounds for appeal are not reasonable, and it 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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