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(영문) 울산지방법원 2016.01.22 2015노1357
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable as the gist of the grounds for appeal is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized each of the crimes of this case through detention for about four months, the fact that the defendant was in possession of phiphones in order to gain economic benefits, the fact that there was no record of punishment for the same crime, and the defendant's family or his son also wanting the defendant's wife while protecting the defendant's rehabilitation and protection.

However, each of the crimes of this case is that the defendant possessed for the purpose of selling phiphones, and narcotics-related crimes are highly harmful to the society due to the toxicity of narcotics, etc. and are highly likely to harm the health and social safety of the people, and the amount of phiphonephones possessed by the defendant reaches 10.35g, etc., which are disadvantageous to the defendant.

In full view of the above-mentioned favorable circumstances and other circumstances, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, and circumstances that are the conditions for sentencing as shown in the trial process, even if considering all the circumstances favorable to the defendant, it cannot be deemed unfair because the court below's punishment is too unreasonable, and 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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