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(영문) 울산지방법원 2018.08.17 2018노629
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation, and collection KRW 200,00) on the Defendant is too unreasonable.

2. The crime of this case does not have any favorable circumstance for the defendant, such as that the defendant recognized the crime of this case and expressed an attitude against his name. However, considering that the crime of this case is administered two times after the defendant purchased phiphones and kept phiphones by inserting them into a bank. Since phiphones are distributed in our society, there is a need to strictly punish them. The defendant has a lot of criminal records of punishment due to phiphone medication including several punishments, and in particular, considering the fact that the crime of this case was committed during the period of repeated crimes due to the same kind of crime, and other various circumstances that are conditions for sentencing as shown in arguments, such as the age, sex, environment, criminal record, motive and circumstance of the crime, and circumstances after the crime, etc., even if considering all favorable circumstances for the defendant, it cannot be deemed that the sentence of the court below is too unfair because it is too unreasonable even if considering all favorable circumstances for the defendant, the defendant's assertion is groundless.

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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