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(영문) 울산지방법원 2019.10.10 2019노849

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and additional collection) is too unreasonable.

2. The circumstances that are favorable to the defendant are the following: (a) the defendant led to the confession of each of the crimes in this case and reflects his mistake; (b) the defendant informed the narcotics offender and contributed to the arrest of the above narcotics offender; and (c) the defendant's family members and branch members appeal against the defendant and edification; and (d) it seems that the social relation is obvious because the defendant's family members and branch members appeal against the defendant and educate the defendant.

However, each of the crimes of this case by the defendant is administered a phiphone and delivered a phiphone without compensation. The defendant was sentenced to imprisonment with prison labor for the crime of violating the Narcotics Control Act at the Busan High Court on February 15, 2017, and on September 12, 2017, he again committed each of the crimes of this case at Heung prison on September 12, 2017, even though the execution of the punishment was completed, and it seems that the crime of this case is not good, and the risk of recidivism is high. The defendant and his defense counsel argued that the defendant was punished as a repeated offender and the amount of the punishment is excessive. However, in this case, the defendant was sentenced to imprisonment with prison labor on seven occasions, and the defendant was sentenced to imprisonment with prison labor on one occasion, for purchasing a phiphone, and the defendant was sentenced to imprisonment with prison labor on one occasion more than that of the defendant's imprisonment with prison labor on one occasion, and the defendant's motive and behavior were less than that of the crime of this case.