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(영문) 울산지방법원 2016.04.15 2015노1348

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and six months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflects his mistake, and that the investigation agency made a statement about another narcotics offender, etc., and that the Defendant appears to have come to commit the instant crime for the purpose of maintaining his livelihood temporarily in the course of supporting the wife consciousness, due to his economic difficulties.

However, the Defendant had a record of having been punished several times as a drug-related crime, and in particular, on August 18, 201, the Defendant committed the instant crime even though he/she was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds that he/she was sentenced to a repeated crime on August 18, 201, and committed the instant crime. In full view of the following: (a) the Defendant’s phiphonephones in possession exceed 1 km; (b) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and other various circumstances, which are the conditions for sentencing as shown in the trial process, such as the records and circumstances after the crime, it cannot be deemed unfair since

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.