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(영문) 인천지방법원 2018.12.27 2018노3308
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of one year and 300,000 won) is too unreasonable.

2. It is recognized that the Defendant recognized the entire crime of this case as committing the crime of this case and reflected his mistake, and that the amount of philophones dealt with by the crime of this case is not much large, and that the Defendant cooperatedd with the relevant investigation by the investigative agency, such as making a statement about the upper line, etc.

However, in light of the fact that the crime of this case was committed two times by the defendant and one-time crime of purchase of phiphonephones, and the addiction of narcotics and the harm caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate the crime of this case in light of the crime of this case. In light of the response (the area before the length of 5 to 10cm) to train the test result of the clive assessment, the defendant's phiphone addiction degree seems not to be less easily, and there is a history of criminal punishment including the same crime of the same kind (nest of harmful chemical substances) and the drug crime of the same kind (the violation of the Toxic Chemicals Control Act (hest of hallucinogenic substances) and the crime of this case, even though the defendant was sentenced to a punishment for the crime of this case, despite the fact that the defendant was detained after being released from the punishment for the repeated crime of this case, the situation of cooperation in the investigation seems to have been considered at the stage of the original judgment, and the defendant's age, the defendant's environment, method and conditions of punishment after the enactment of the sentencing guidelines.

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.

However, the costs of lawsuit shall be borne.

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