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(영문) 인천지방법원 2018.04.05 2017노3815
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the sentence imposed by the lower court (a punishment of 10 months of suspended sentence, two years of suspended sentence, order to observe protection, and order to attend pharmacologic treatment for 40 hours, 406,000 additional collection) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflects his mistake, and that there is no record of criminal punishment for the same crime.

However, in light of the addiction of narcotics and the harm caused by the administration of narcotics, etc., it is necessary to strictly punish and eradicate narcotics offenses. The crime of this case is committed by the Defendant through multiple times, which repeatedly takes over and takes notes of penphonephones (including handphones) and repeatedly administers them and smokes marijuana, in light of the frequency of the crime, etc., the crime is not good. When considering the contents and frequency of the crime as above, the degree of addiction to the Defendant’s drug is considered not to be less light, the degree of addiction to the Defendant’s drug is deemed to need to be taken such measures as protecting, observation, etc. for a considerable period of time. The lower court sentenced the suspension of the execution of imprisonment to the Defendant by taking into account the favorable circumstances as seen earlier, and there is no special change of circumstances after the sentence of the lower court, and considering the various circumstances such as the Defendant’s age, sex, motive, means and consequence of the crime of this case, the motive, and the circumstances after the crime.

3. In conclusion, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that the term “500,000 won (1.60,000 won, 1.80,000 won, 1.80,000 won, 1.80,000 won, 1.60,000 won, 1.60,000 won, 1.86,000 won, etc.) of the Criminal Procedure Act on the ground that the Defendant’s appeal is clearly erroneous (see,

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