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(영문) 울산지방법원 2016.11.24 2016노1598
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment has a record of being punished several times due to the same kind of crime in the past, and it is necessary to impose strict liability on the defendant in that the defendant committed each of the crimes of this case again during the period of repeated crimes of the same kind of crime.

However, it is more favorable to the defendant, such as the fact that the defendant recognizes his mistake and reflects it, the fact that the amount of penphones administered and accepted by the defendant is relatively large, and the defendant cooperates in the investigation by providing information on the upper line.

Considering such circumstances as the Defendant’s age, character and conduct, environment, circumstances after the crime, etc. as well as various conditions of sentencing as shown in the records and arguments, and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year to three years and three months), it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, 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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