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(영문) 인천지방법원 2017.07.20 2017노2093
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is the reasons for the appeal by the prosecutor that the punishment (a year and six months of imprisonment; confiscation; additional collection of KRW 300,000) determined by the court of the original instance is too unreasonable because it is too unreasonable, and that it is too unfluent and unfair.

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

It shall be considered that cooperation has been made in investigation, that is not good health, and that is voiced in the urine and the second hair test.

However, the criminal liability of the defendant is not against the law.

There are several criminal records and repeated crimes of the same kind.

The history of punishment for the same kind of crime is reached six times (five times of actual punishment, one time of suspended execution). The court of the court of the original instance determined the punishment for the defendant in consideration 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 stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances before and after the crime, etc., it shall not be considered that the lower court’s punishment is too light and too unreasonable.

3. In conclusion, the grounds for appeal by the defendant and the prosecutor are all unreasonable, and thus, they are 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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