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(영문) 울산지방법원 2016.11.18 2016노1511

마약류관리에관한법률위반(향정)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and additional collection KRW 300,000) is too unhued and unreasonable.

2. The crime of this case is deemed to have been administered three times by the Defendant, and there is a very serious harm inflicted on the society and the family due to its toxicity, etc., and there is a need to punish the crime of this case. The Defendant has been sentenced to suspension of indictment for a drug crime once prior to the instant case, and there is a history that the Defendant has been sentenced to suspension of indictment for a drug crime.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant led to the confession of the crime of this case, the fact that the defendant voluntarily surrendered the crime of this case, and the record of the suspension of indictment for the crime of this case was about 10 years, and other factors of sentencing as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, it is not recognized that the sentence imposed by the court below is too unreasonable.

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