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(영문) 인천지방법원 2017.02.16 2016노4675
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, 4.6 million won of additional collection charges) is too unreasonable, which is the summary of the grounds for appeal.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the wrongness of the defendant, cooperates with the investigation of philophones, and the crime of this case is about the purchase, medication, and possession of philophones.

However, in full view of the following circumstances: (a) the amount and frequency of philophones handled by the Defendant is relatively large; (b) the Defendant was sentenced to imprisonment for the same kind of crime; and (c) the Defendant’s age, sexual conduct; (d) the motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence of the lower court is too unreasonable.

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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