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(영문) 인천지방법원 2018.07.05 2017노4231
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, observation of protection, community service work 120 hours, additional collection of 1,200,000 won) is too unreasonable.

2. Although the judgment of the court below, the defendant recognized the crime and actively cooperate in the narcotics investigation, and the defendant did not have any record of criminal punishment, but committed many crimes related to narcotics such as trading, giving and receiving, and possession, etc. as well as philophone medication. The amount of narcotics handled is significant; narcotics crimes need to be strictly punished in light of the social malicious circumstances; there are no new circumstances to consider the sentencing after the decision of the court below; and all kinds of sentencing conditions shown in the arguments, such as the defendant's age, sexual behavior, environment, motive for and frequency of the crime, medication, and circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).

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