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(영문) 울산지방법원 2016.12.02 2016노1803

마약류관리에관한법률위반(향정)

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the lower court’s punishment (one year of imprisonment, additional collection of KRW 100,000,000) is too unreasonable and unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, for the following reasons: the defendant administered a single phiphone and carried a phiphone in the form of keeping a single phiphone with approximately 0.7ml containing a single phiphone, which contains approximately 0.7ml in liquid scopon; the crime of this case is not only a violation of an individual's mental and physical health, but it is necessary to severely punish the harm inflicted on society due to its toxicity, and the defendant committed the crime of this case without being convicted of the same drug crime even though he was under trial.

On the other hand, the defendant made a confession of the crime of this case and reflects the mistake in depth, and the crime of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the violation of the Act on the Control of Narcotics, etc. (fence) and the latter part of Article 37 of the Criminal Act as stated in the judgment of the court below, and it is necessary to determine the punishment in consideration of equity with

In full view of the aforementioned circumstances and other various sentencing conditions as seen above, including the Defendant’s age, character and conduct, family environment, motive and background of the offense, means and consequence of the offense, and the circumstances before and after the offense, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.