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(영문) 인천지방법원 2018.07.03 2017노4491
마약류관리에관한법률위반(향정)
Text

The judgment below

The part of confiscation and collection shall be reversed.

Nos. 3, 8, and 8, respectively, of seized evidence.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the lower court (an imprisonment of one year, two years of suspended execution, one year protection observation, and eight hours of community service order, confiscation, and additional collection of 1530,000 won) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflects his mistake, there is no past record of criminal punishment exceeding the same criminal record and suspended execution, the crime of this case has already been detained for at least two months, and there is a family member to support, and the social relationship is recognized.

However, in light of the fact that the crime of this case was committed two times each by the defendant, and the quality of the crime is not good, and the addiction to narcotics and the harm caused by the administration of narcotics, etc. in light of the fact that the crime of this case was committed by the defendant two times, and the act of purchasing and medication of phiphones is also committed by the third party, it is necessary to strictly punish and eradicate the crime. The amount of phiphones handled as the crime of this case is not large. The court below held that the defendant was under the suspension of the execution of imprisonment with prison labor exceptionally considering the above favorable circumstances, etc., and the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, means and consequence after the crime, etc., and the scope of punishment with the same or similar sentencing conditions as indicated in the records and theories of this case, and the recommendation and punishment with the sentencing guidelines established by the Sentencing Committee, etc., the court below's decision to the effect that the defendant's livelihood cannot be seen as being unfair prior to the crime of this case.

this regard.

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