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(영문) 울산지방법원 2017.01.20 2016노2003

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, etc.) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant's mistake is divided, and that the defendant's health status is not good.

However, the crime of this case is administered by means of putting about 0.03 g phiphones into three parts for a single-use divers, dilution, and melting three times. As such, narcotics crimes have very serious harm to society and home due to their toxicity, etc., so there is a need to strictly punish them. The defendant has the record of being subject to criminal punishment three times for the same narcotics crimes (one time, one stay of execution, two times) prior to the instant case. In particular, the defendant committed the crime of this case without being committed during the period of repeated crimes of the same kind, and in full view of the circumstances unfavorable to the defendant and other circumstances of the defendant, such as age, sex, home environment, motive and background of the crime, the means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines at the Committee before and after the crime, etc., it is not recognized that the sentence of this case is too unfair.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.