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(영문) 인천지방법원 2017.08.10 2017노1831
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year and six months of imprisonment, and additional collection KRW 1450,00) is too unreasonable.

2. The crime of this case is recognized that the Defendant purchased and administered philophones even though he is not a narcotics handler, and that the Defendant recognized the entire crime of this case and reflected, and actively cooperates in the investigation of the narcotics offender.

However, the defendant has been sentenced seven times to imprisonment with prison labor for narcotics crimes, and the criminal quality of the crime of this case is not good because he went to the crime of this case without being aware of the fact that he has been sentenced seven times, even though he is a repeated crime due to narcotics crimes, the number of times he handled the phiphones, and the degree of addiction seems to be inappropriate in light of the fact that the defendant's transfer of phiphonephones purchased, considerable number of times he handled the phiphones, and the result of the appraisal of the defendant's maternity, etc., and it seems necessary to be isolated from society for a certain period of time. Narcotics crimes result in debrutization of individuals, homes, society and human society, and thus need to be punished strictly in that they result in social depression beyond the individual criminal acts. In full view of various circumstances, the defendant's age, sex, motive, means and result of the crime of this case, and the circumstances after the crime, etc., the punishment imposed by 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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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