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(영문) 인천지방법원 2020.10.22 2020노2302
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment 1: imprisonment with prison labor for 4 months and 2 years of suspended execution, and sentence 2: imprisonment with prison labor for 10 months and confiscation) of the court below is too unreasonable.

2. The fact that the Defendant confessions and reflects the instant crime, the same criminal records do not exist, and the crime No. 1 of the holding ought to be considered at the same time in the concurrent crimes between the final and conclusive judgment and the latter part of Article 37 of the Criminal Act, which are favorable to the Defendant.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment of the lower court is too excessive and unreasonable. In so doing, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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