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(영문) 인천지방법원 2017.10.26 2017노1997
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

The costs of lawsuit by the court below shall be borne by the defendant.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (a prison term of eight months, additional collection of one hundred thousand won) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

There are circumstances in which the health is not good with a disc and family members appeal their wife.

However, it is inevitable to keep the defendant under detention for a considerable period of time.

One kind of crime (Suspension of Execution). The court of the court of the original instance determined the sentence against the defendant in consideration of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is right that the defendant bears the costs of lawsuit in the original instance.

It is the cost of the state-owned defense counsel claimed by the defendant who was not detained by the court below.

If an appeal is dismissed against a judgment of the court below which did not state any information on the order and reason as to the bearing of the costs of lawsuit, the appellate court may hold a trial as to the bearing of the costs of lawsuit by adding them to the costs of lawsuit of the court of first instance, and the bearing of the costs of lawsuit is not subject to the principle of prohibition of disadvantageous alteration under Article 368 of the Criminal Procedure Act (see Supreme Court Decision 2009Do12840, Dec. 24, 2009

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