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(영문) 인천지방법원 2020.10.22 2020노1139
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., punishment Nos. 1 and 2: imprisonment with prison labor for one year, and punishment Nos. 3 as stated in the decision: imprisonment with prison labor for 10 months and additional collection for 300,000 won) which the court below sentenced is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant confessions and reflects each of the instant crimes; (b) the frequency of each of the instant crimes is not many; (c) there is no same criminal record; and (d) the first and second crimes in the holding of the lower court are in the concurrent relation between the obstruction of performance of official duties for which the judgment has become final and the crime of concurrent crimes under the latter part of Article

However, the crime of narcotics, etc. needs to be strictly punished due to addiction and the personal and social harm caused thereby, considering the fact that the nature of the crime is not good in light of the provision of phiphones and the circumstances, contents, etc. of the provision of phiphones in relation to the crime of Articles 1 and 2 of the judgment of the court below, the crime of phiphonesing the crime of the crime of the third crime in the judgment of the court below during the suspension period, and other circumstances that form the conditions for the sentencing in this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. after the crime, the punishment imposed by

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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