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(영문) 울산지방법원 2014.02.14 2013노731
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The following are the circumstances: (a) the Defendant recognized the instant crime and against his mistake; (b) the Defendant did not repeat the instant crime; (c) provided cooperation in an investigation by notifying the investigative agency of the personal information of G, a merchant line, and arresting him/her; (d) expressed his/her intent to treat the drug habit; (c) the Defendant’s health is not good; and (d) the Defendant is obliged to support his/her mother, which is favorable to the Defendant.

However, the crime of this case includes not only simple medication, but also sales mediation, and the defendant has the record of having been punished several times for the same crime, and the defendant again committed the crime of this case during the repeated crime period of which one month has passed after release from the same crime, and all other sentencing conditions, including the defendant's age, character and conduct, environment, and circumstances after the crime, shall be comprehensively taken into account, even if it is more likely that the defendant could have been arrested in cooperation with the investigation of G, the defendant's argument is without merit, and therefore, it is not reasonable for the court below to have sentenced the defendant to the punishment

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.

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