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(영문) 울산지방법원 2020.05.28 2020노73

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 Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. The Defendant alleged to the effect that he actively cooperated in the investigation of other narcotics-related crimes, and thus, the sentence will be mitigated. However, the Defendant’s cooperation, which is the mitigated element in the sentencing guidelines, means that the relevant person has contributed to the investigation to the extent that it is possible to prosecute a criminal prosecution or add a criminal prosecution by clarifying specific and accurate facts with respect to more than one of the following narcotics-related crimes. Compared to the types of narcotics-related crimes applicable to the Defendant: (i) even if a crime of heavier type, or (ii) even if it falls under the same type, a crime of heavier nature in the stage, frequency, frequency, period, etc. of a crime or crime of multiple persons, such as the sale, purchase, brokerage, etc. - Type 4 (for profit-making or habitual crime) or 3 (the value of narcotics, etc., more than 50 million won). Therefore, it cannot be said that the new sentencing of the lower court did not reach the extent of changing the sentencing.

In addition, the sentencing of the court below is not deemed too heavy in light of the fact that the defendant has been sentenced several times of punishment for the same crime, and the case also constitutes a crime committed during the period of repeated crime, and the circumstances revealed in the reasons for sentencing and the conditions of sentencing indicated in the records of the court below are deemed unreasonable because the sentencing of the court below is too low.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.