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(영문) 인천지방법원 2017.10.26 2017노3129
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment (one year of imprisonment; confiscation; additional collection of KRW 300,000) set by the court of the original instance is too unreasonable.

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

Cooperation was made to narcotics investigation.

There are circumstances in which the community service order has been implemented in compliance, the health is not good, and the family and the people appeal the wife.

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

There are records of the same crime, and the crime is committed again (up to April 2018) even during the suspension period.

The court of the court below rendered the sentence against the defendant by taking account 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.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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