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(영문) 울산지방법원 2012.10.26 2012노559

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (one-month imprisonment, etc.) is too unreasonable.

2. Although there are extenuating circumstances such as the Defendant’s misjudgmentation against the Defendant, and the fact that the Defendant voluntarily surrenders to the investigation agency, the Defendant has been punished several times due to the violation of the Act on the Control of Narcotics, Etc. and the Psychotropic Drugs Control Act, etc., and the Defendant again committed the instant crime within the repeated offense period for which one year and two months have not yet passed since having been sentenced to imprisonment on January 18, 201 due to the violation of the Act on the Control of Narcotics, etc., and for the violation of the Psychotropic Drugs Act, etc., and other various sentencing conditions, including the Defendant’s age, character and behavior, 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.