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(영문) 울산지방법원 2016.12.23 2016노1800

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. However, the circumstances favorable to the Defendant are as follows: (a) the Defendant recognized all of the instant crimes; and (b) the Defendant’s family members and the branch members want to take the Defendant’s wife, such as not re-refilled the same mistake, and re-confising it as a sound social person.

However, the crime of this case was committed on November 14, 2013 by the Defendant, who has a large number of penalties, such as three times of punishment, one time of suspended sentence, and one time of fine, with the same kind of narcotics crime, and was sentenced to imprisonment for one year and two months and one time of a repeated crime for which the execution of the sentence was completed on November 14, 2013. The crime of this case was administered on one occasion during the repeated term of violation of the Act on the Control of Narcotics, etc., and the nature of the crime is very poor in light of the circumstances, frequency, and habits, etc. of the crime. Such narcotics crime is very serious harmful to society and home due to its toxicity, and there is a need to strictly punish the crime. In full view of the circumstances unfavorable to the Defendant and other circumstances, including the Defendant’s age, character and behavior, home environment, motive and circumstance of the crime, the means and consequence of the crime, the application of the sentencing guidelines of the Sentencing Committee, etc., it is not deemed unfair.

3. 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.