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(영문) 울산지방법원 2019.08.22 2019노512

마약류관리에관한법률위반(향정)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment, confiscation, and collection) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In the judgment-related crimes involving narcotics, etc., it is not easy to detect them due to their characteristics, and the risk of recidivism is high, but it has a negative impact on the society as a whole due to their decentralization, toxicity, etc.

In addition, the Defendant has a number of records of punishment for narcotics crimes, and the criminal records of the same kind (the crime of violation of the Act on the Control of Narcotics, Etc.) are sentenced to imprisonment with prison labor for ten months and the execution of the sentence is completed, and the instant narcotics crimes are committed at least six months, and there is a high risk of recidivism.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant recognized the crime of this case, recognized his mistake, and tried not to depend on narcotics again.

The defendant's health condition is somewhat not good, and there are circumstances that need to look about the old's old age who is 96 years old, and E, who is the defendant's living together, appeals against the defendant.

The above is the circumstances favorable to the defendant.

The sentencing of the lower court seems to have been conducted within the reasonable scope of discretion by fully taking into account the above various circumstances.

Defendant

In addition, the circumstances alleged by the prosecutor on the grounds of unfair sentencing through each statement of grounds for appeal have already been considered by the lower court in the process of determining the sentence as above, and there is no other special change in circumstances that may change the sentencing of the lower court.

The above circumstances, the age, character and conduct, environment, etc. of the defendant, all the sentencing conditions shown in the argument of this case, and the scope of recommendations based on the sentencing guidelines of the Supreme Court Sentencing Commission (one year to three years) (one year of imprisonment), and the administration, simple possession, etc. of drug crimes [Type 3].

Items c) and c.

Bads (special spists)