beta
(영문) 울산지방법원 2017.05.26 2017노83

마약류관리에관한법률위반(향정)등

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 one year and four months and additional collection of 3.280,000 won) is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized the instant crime and reflected the instant crime, the fact that the Defendant actively cooperatedd in the investigation by informing the three upper lines of the fact, and the fact that there was an actual agreement with the victim about the obstruction of business affairs.

However, the crime related to narcotics needs to be strictly punished due to the social aggravation of the crime. The defendant has a history of suspension of indictment one time, suspension of execution one time, and two times of punishment for the same crime. In particular, the defendant committed the crime in this case again during the period of repeated crime due to the same crime. The crime in this case was committed even after simple medication to arrange the trade of philopon, and the crime in this case is not less strict, and the court below seems to have determined the punishment in consideration of favorable circumstances such as the defendant's cooperation in the investigation. Although the defendant submitted a reply to the fact by an investigative agency about the additional investigation, the "important investigative cooperation" as a mitigation factor in the sentencing guidelines has been submitted in comparison with the defendant's crime, it refers to the case where a large number of people correspond to the same type as the defendant's crime in this case, even if they correspond to the same type, have contributed to the investigation by informing an investigative agency of the drug-related crime or a heavier crime, and the content of the inquiry in this case means that the defendant's reply does not correspond to the above facts.

In full view of various circumstances, such as the Defendant’s age, sex, environment, family relation, criminal record, motive and background of the offense, and circumstances after the offense, etc., even if all circumstances favorable to the Defendant are considered.