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(영문) 인천지방법원 2017.11.02 2017노1599
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 judgment (two years of the suspended sentence of one year imprisonment, two years of protection observation, 40 hours of order to attend lectures, confiscation, additional collection of 40,000 won) is too unreasonable.

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

There is one case of suspension of indictment for the same crime, but there is no record of punishment.

However, it is inevitable to take corresponding measures such as observation of protection in order to relieve the defendant.

Around 1 year, 4 times or more have been administered over 1 year, and a strong addiction and serious harm to the opon medication should be taken into account.

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.

In addition, in full view of various sentencing conditions under 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, the lower court’s sentence is not deemed unfair.

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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