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(영문) 울산지방법원 2017.11.16 2017노1265

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and two months of imprisonment, confiscation, and collection) on the defendant is too unreasonable, due to the summary of the grounds for appeal.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

On July 21, 2016, the Defendant was sentenced to one year for a violation of the Narcotics Control Act, etc., and was sentenced to one year on May 7, 2017, and was not aware of the execution of the sentence, and committed the instant crime without being aware of it during the repeated crime period.

The defendant shall not have a large amount of merpters in possession of the defendant.

The defendant has been punished four times (three times of punishment, one time of suspended execution) for the same crime.

All the kinds of sentencing conditions and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances, the defendant's age, character and character environment, the motive and means of crime, the circumstances before and after the crime, etc., as well as the circumstances before and after the crime (one year to five years).

(a) Basic crimes and concurrent crimes 1, 2 and 3 types of crimes (referring to decisions of types) (referring to: (a) and (c) of the three types of crimes, such as medication, simple possession, etc.; hereinafter referred to as "special aggravated persons") / [limited to a suspended execution for not more than three years] previous crimes (limited to a suspended execution for not more than three years) / [the scope of a recommended sentence] aggravated area (one year or three years of

B. In full view of the total sum of imprisonment with prison labor for the final sentence scope according to the standards for handling multiple crimes (one year to five years) and the sentence imposed by the court below is too unreasonable.

3. 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.