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(영문) 울산지방법원 2016.02.18 2015노1594
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one hundred months of imprisonment, additional collection one hundred thousand won) on the summary of the grounds of appeal is too unreasonable.

2. In light of the favorable circumstances, such as the fact that the defendant recognized all of the instant crimes, the fact that the said victim does not want the punishment of the defendant, the fact that the victim E does not want to be punished by the agreement with the victim G, and the fact that the damage to the victim is relatively minor, or that the defendant stolen the property by intrusion upon the victim's residence, the crime related to narcotics is highly detrimental to the society due to the toxicity of narcotics, etc., and is highly likely to harm the public health and social safety, the criminal was punished by larceny, and the record of being punished by a fine for larceny was committed on May 29, 2013, and the crime was sentenced to a suspended sentence of two months for a period of ten months for a violation of the Narcotics Control Act on June 6, 2013, which was sentenced to a suspended sentence of two months for which the judgment became final and conclusive on June 6, 2013.

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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