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(영문) 울산지방법원 2015.05.29 2015노150
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (two years of imprisonment, confiscation, and collection in total) is too unreasonable.

B. Defendant B’s punishment (one year and six months of imprisonment and a total of 800,000 won) is too unreasonable.

2. In full view of all of the Defendants, even though they were in the period of repeated crime due to the same crime, the crime of this case was committed again, with heavy circumstances; the Defendants were sentenced to criminal punishment for the same kind of crime; the Defendants’ age, character and conduct, family environment, motive and circumstance of the crime; the motive and circumstance of the crime; the means and consequence of the crime; and the application of the sentencing guidelines of the Supreme Court Sentencing Committee, including the circumstances before and after the crime, etc., it is not recognized that the sentence imposed by the court below is too unreasonable.

3. In the judgment of the court below which corrected the judgment of the court below, the phrase “the evidence Nos. 3 through 7 of 2014, 1394, the evidence No. 2014, 3 through 7 of 2014, shall be confiscated from Defendant A of the Ulsan District Prosecutors’ Office, which was seized,” is clearly omitted from the content of the pertinent Article of the Criminal Act and the entry of the choice of punishment in the application of statutes, as it is obvious that Article 30 of the Criminal Act has been erroneously omitted from the content of the relevant provision of criminal facts in the application of statutes. As such, Article 30 of the Criminal Act is added to the criminal facts of the judgment of the court below as stated

4. As such, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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