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(영문) 울산지방법원 2017.08.11 2017노612
마약류관리에관한법률위반(향정)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (Defendant A: imprisonment of one year and six months, three years of suspended sentence, three years of probation observation, community service order 120 hours, 80 hours of lecture order, confiscation, additional collection, Defendant B, and additional collection) is too unreasonable.

2. In full view of the circumstances that are favorable to the Defendants, such as the Defendants’ perception of the crime and the fact that the Defendants had no record of being punished for the same kind of crime, etc. However, each crime of this case is committed in favor of the Defendants, and the fact that the phiphone was distributed in our society, and the risk of addiction and illegality is gradually serious due to the distribution of phiphonephones, and the Defendant B had a record of punishment for the same kind of crime, and other circumstances that are the conditions for sentencing as shown in the pleadings, such as the Defendants’ age, sex, behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., even if considering all favorable circumstances to the Defendants, the lower court’s punishment cannot be deemed unfair because it is too unreasonable. Thus, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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