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(영문) 울산지방법원 2013.05.31 2012노814

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (a fine of seven million won, etc.) is too unreasonable.

2. In light of the following circumstances: (a) the Defendant voluntarily surrenders himself/herself; and (b) the Defendant provided investigative cooperation by informing the investigative agency of the fact that he/she did not repeat the crime, and (c) the Defendant committed a crime against his/her own mistake; (b) such circumstance appears to have been sufficiently considered in the lower court’s determination of the sentence against the Defendant; (c) the Defendant has been punished several times due to the violation of the Narcotics Control Act, etc. Act (or the crime of violation of the Act on the Control of Narcotics, etc.; and (d) the Defendant again committed each of the crimes of this case during the period of a repeated offense after having been sentenced to imprisonment of one year and two months for the same crime on November 30, 2010, and all other sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s assertion is without merit.

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