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(영문) 울산지방법원 2018.02.09 2017노769
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and two months of imprisonment, additional collection) on the defendant is too unreasonable, due to the summary of the reasons for appeal.

2. The circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and expressed an attitude against his mistake, that the defendant's health condition is very poor, and that the defendant does not repeat the crime, etc. However, each of the crimes of this case is that the defendant traded and administered phiphones, and that the harm and injury caused by addiction and illegality is gradually serious due to circulation of phiphones in our society, it is necessary to strictly punish the defendant, and that the defendant has been punished three times for the same crime (two times of punishment) are disadvantageous to the defendant.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, the defendant’s 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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