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(영문) 인천지방법원 2018.02.22 2017노4812
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 (a prison term of six months, confiscation, and collection KRW 200,000) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the defendant, that the defendant has no record of criminal punishment, and that there is a family member to support.

However, in light of the fact that the Defendant was not a narcotics handler, he received phiphones twice and administered them, and in light of the addiction to narcotics and the harm caused by medication of narcotics, etc., it is necessary to strictly punish and eradicate the crimes of narcotics, and according to the narcotics appraisal (Evidence No. 17) conducted by the National Institute of Scientific Investigation (Evidence No. 17), according to the Defendant’s maternal assessment of narcotics conducted by the National Institute of Scientific Investigation (Evidence No. 2-1) from the Defendant’s mother to about 3 cm in length, cut hair (2-2), from about 3 cm in length to about 6 cm in length from 6 cm in length on the part of the mother to 6 cm in length on the part of the mother, cut hair (2-3), from about 6 cm in length on the part of the mother to about 9 cm in length on the part of the mother to about 9 cm in length to 12 cm in length on the part of the mother.

Even if the growth speed of the hair differs depending on an individual and is the same day, there may be a difference depending on the parts of the collection of the hair, health condition, etc., but in general, about about 1 cm in one month. In light of the personal difference, according to the results of the above narcotics appraisal, the defendant is presumed to have administered the phiphone for a considerable period of time.

Considering that the degree of addiction is not light, it seems that it is necessary to isolate from society for a certain period of time, and the defendant was in possession of the defendant.

In consideration of the fact that five of the 26 single-use injection has been involved in the philophone training, among the three of them, the defendant's blood trace was detected, the sentence of sentence against the defendant is inevitable.

The above circumstances and the Defendant’s age, sexual conduct, and motive and motive for the instant crime.

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