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(영문) 울산지방법원 2016.01.29 2015노1411
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a year and six months of imprisonment, confiscation, and collection) is too unreasonable as to the gist of the grounds for appeal.

2. In light of the favorable circumstances, such as the fact that the defendant all recognized the crime of this case, the fact that the investigative agency contributed to arresting the suspects by actively cooperatinging with the investigation of narcotics criminal, the fact that there is no record of punishment for the same kind of crime, or the fact that narcotics-related crimes are severely detrimental to society due to the toxicity of narcotics, etc. and are highly likely to undermine the health and social safety of the people, and the defendant actively sells phiphones through the Internet, such as finding the buyer through the Internet, etc., the amount of the phiphonephones in possession, the amount of the phiphones in possession, the fact that the victim Hyundai Capital Co., Ltd. by deceiving the victim for the vehicle purchase fund, and by purchasing the vehicle and selling the vehicle to 70 days of money by purchasing it, and the damage to the above fraud victim was not completely recovered.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, various sentencing factors indicated in the records, such as the circumstances after the crime, etc., the sentence of the lower court is too unreasonable, and thus, the Defendant’s above assertion is without merit.

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

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