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(영문) 울산지방법원 2017.02.16 2016노1879

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of one year and six months, the number of punishment No. 1 to 9, the additional collection of 50,00 won) is too unreasonable.

2. The judgment of the court below recognizes all of the crimes of this case, but the defendant has a record of criminal punishment several times for the same kind of crime. In particular, the crime of this case was committed during the period of repeated crime due to the same crime, and the sentencing guidelines set by the Sentencing Committee of the Supreme Court referred to as "where there are particularly extenuating circumstances for participation in or motive for crime" refers to cases where the defendant participated in or engages in the crime under coercion by force, threat, etc. of others, and does not directly share the act of crime or cases corresponding thereto, and the above mitigation element is not applicable only to the circumstances that the defendant had psychological power at the time of the crime of this case, such as the defendant's age, sex, environment, family relations, motive and circumstance after the crime, etc., and the sentencing guidelines set by the Sentencing Committee of the Supreme Court [the scope of punishment] No. 1 of the sentencing guidelines set by the Sentencing Commission [the punishment guidelines set by the court below for not less than 3 years [the scope of punishment imposed for 2 years and aggravated punishment for 3 years or more].

3. Conclusion.