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(영문) 울산지방법원 2018.01.26 2017노1521

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of eight months, confiscation, and collection) is too unreasonable.

2. The judgment of the court below shows the attitude of reflecting the defendant's mistake by recognizing the crime, and there are favorable circumstances such as the fact that the defendant voluntarily surrenders and actively cooperated in the investigation. However, in light of the fact that each of the crimes of this case is administered one penphone and possessed 6.45 glphones distribution in our society, and the addiction and the harm caused by illegalness are gradually serious, it is necessary to strictly punish the defendant. The defendant has been punished seven times for the same crime (six times of punishment). The defendant was sentenced to one year for the same crime at the Ulsan District Court on March 21, 2016, and was sentenced to one year for the same crime and again commits the crime of this case during the repeated crime for which the execution of the sentence has been completed, since the phonephones possessed by the defendant are considerably 100 meetings, and there is no reason to view that the defendant's punishment might be too favorable to the defendant's environment, motive and circumstance in the sentencing, etc., as well as the reason for the sentencing of the sentencing guidelines of the court.

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.