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(영문) 인천지방법원 2017.03.16 2016노4759
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation, additional collection of KRW 15,900,00) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflected the crime of this case, actively cooperated in the investigation, and that the health status is not good.

However, even if the defendant is not a narcotics handler, he purchases 65g in total, and administers 10 times, etc., and the defendant purchased Mephers. The amount of Mephers purchased by Mephers, the defendant receives and sells the Mephers to others, the defendant has been punished four times due to the drug crime, and the defendant is not aware of the fact that he/she is committing the drug crime of this case even though he/she is a repeated crime of the same kind, and even without being aware of the fact that he/she is a repeated crime of the same kind, and it is not easy to commit the crime, and it is necessary to punish the crime in light of the fact that the drug crime causes the degradation of individuals, homes, society and human beings, and that it is a social path phenomenon beyond his/her individual criminal act. In full view of various circumstances such as the defendant's age, sex, motive, means, results, etc. of the crime of this case, the punishment imposed by the court below is too inappropriate.

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. It is so decided as per Disposition.

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