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(영문) 인천지방법원 2017.03.16 2016노5164
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the reasons for appeal (a year and six months of imprisonment, an additional collection of KRW 1,000,000) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected in the judgment.

However, the crime of this case is that the defendant purchased, received, and administered the Mepter in spite of the fact that he is not a narcotics handler; the number of times of the crime is not significant; the defendant administered the mephone that he purchased; the defendant allowed other persons to administer the mephical dose; the defendant is not aware of the fact that he had been punished twice as a narcotics crime, and the crime of this case was committed again without being aware of it during the period of repeated crime even though he had been punished twice as a narcotics crime; the crime of this case is not vulnerable to the nature of the crime; the crime of narcotics is likely to cause debrising to the whole individuals, homes, society, and human beings; and it is necessary to strictly punish the crime in light of social pathology beyond the individual criminal act; and other various circumstances, such as the defendant's age, sex, motive, means and consequence of the crime of this case; and the circumstances after the crime, etc., it does not seem to be unfair because the sentence of the court below 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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