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(영문) 울산지방법원 2013.09.27 2013노576
마약류관리에관한법률위반(향정)
Text

The prosecutor'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 (two years of suspended sentence for ten months of imprisonment) is too uneased and unreasonable.

2. Determination of the facts charged by the Defendant on the grounds of the violation of the Act on the Control of Narcotics, etc. (four times a sentence among them, two times a suspended sentence), but again commits the instant crime, etc. However, considering the following as a whole: (a) the Defendant has no penal power since 2008, and is against his/her own mistake through the prison life in which he/she has been detained for a month and more than 20 days; (b) the Defendant provided investigation cooperation by informing the investigative agency of the upper line that the Defendant issued the Mestopian to himself/herself; and (c) other all of the sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the Defendant’s sentence imposed by the lower court is deemed unreasonable. Therefore, the

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

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