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울산지방법원 2014.10.31 2014노729
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (ten months of imprisonment, additional collection 140,00 won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. In full view of all the factors of sentencing as indicated in the argument of the instant case, including the fact that the Defendant acknowledges and reflects each of the instant offenses, the fact that the Defendant actively cooperates in the investigation by informing persons related to narcotics offenders, the fact that there is a family member, etc. seems to have been faithfully working at a certain workplace, the fact that the Defendant had been punished on seven occasions for the same kind of offense, and the fact that the instant offense was committed during the period of repeated crime of the same kind, and other factors of sentencing as indicated above, such as the Defendant’s age, character and behavior, environment, the background of the instant offense, and the circumstances after the crime, etc., the lower court’s punishment is not deemed to be too

3. Accordingly, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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