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(영문) 울산지방법원 2015.07.17 2015노562
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment, additional collection of KRW 400,000) is too unreasonable.

2. Although the Defendant recognized all of the instant crimes, narcotics-related crimes are against the recognition of and reflect on all of the instant crimes, the crime is highly likely to cause severe social harm caused by toxicism, etc. and harm the health and social safety of the people, and the Defendant again committed the instant crime despite the fact that he had been sentenced to suspended execution in 200 and 2006, prior to the instant crime, even though he had been administered a phiphone, and in particular, the instant crime was repeatedly administered four instances in a short period from the end of December to March 21, 2015. In light of the Defendant’s occupation, etc., driving a motor vehicle while driving a motor vehicle under the influence of narcotics would have a high risk of causing serious damage not only to property damage, but also to the life and body of other persons with no knowledge. Therefore, a serious punishment is needed for the Defendant.

In full view of the above favorable circumstances and unfavorable circumstances, and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the offense, and circumstances after the offense, etc., as seen above, the lower court’s punishment cannot be deemed unfair because it 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 ground that it is without merit. It is so decided as per Disposition.

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