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(영문) 울산지방법원 2018.09.21 2018노678

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the imprisonment of 10 months, the additional collection of 50,220,000 won) is too unreasonable.

2. In full view of the following factors: (a) the Defendant showed an attitude against his mistake; (b) cooperation in the investigation related to the narcotics crime; (c) the first offender in the narcotics crime and having no record of punishment; (d) the Defendant opened and led and operated a large scale gambling house; and (e) the profits acquired therefrom are significant; and (e) the Defendant had the record of being sentenced to a suspended sentence due to the opening of gambling in 2010; (c) the Defendant’s age, sex, family environment; (d) the motive and background of the crime; (e) the motive and consequence of the crime; and (e) the application of the sentencing guidelines of the Supreme Court’s Sentencing Committee, including the circumstances before and after the crime, etc., the sentence is too unreasonable.

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.