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(영문) 울산지방법원 2017.05.18 2017노82
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendant (the punishment of 10 months in imprisonment, 2, 30,000 won in penalty) is too unreasonable.

Judgment

The favorable circumstances shows the attitude of the defendant to recognize and reflect the crime of this case.

The crime of this case is limited to the simple medication of philophones.

The defendant has no power of the same kind.

There are many criminal records, including two times of sentence, two times of suspended sentence, and two times of suspended sentence.

Defendant was under confinement prior to the pronouncement of the lower judgment and was subject to disciplinary action by committing a violation of discipline with other prisoners.

In full view of the aforementioned favorable circumstances, including the Defendant’s age, character and conduct environment, motive and consequence of the crime, the circumstances after the crime, etc., as well as all the kinds of sentencing conditions and the scope of recommended sentences according to the sentencing guidelines (from October to August, 3), the sentence imposed by the lower court is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as there is no reason to appeal.

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