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(영문) 울산지방법원 2018.12.21 2018노841
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of 10 months, the collection of 200,000 won, the order to complete the program) is too unreasonable.

2. The fact that the defendant shows the attitude of opposing his mistake, cooperation in the investigation, etc. is that the defendant committed the drug crime in this case when he was sentenced to the punishment for the same kind of drug crime on August 5, 2016, or when he was sentenced to the punishment for the same drug crime during the repeated crime period, the records of punishment for the same drug crime up to seven times (two times the suspension of the execution of imprisonment with prison labor, five times the sentence). Narcotics-related crime is not easy to detect in light of its characteristics, but it is not easy to detect the recidivism in addition to the high risk of recidivism, and it has a significant negative impact on the society as a whole due to decryability, toxicity, etc., other than the defendant's age, sex, criminal behavior, home environment, motive and background of the crime, the means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court's sentencing committee, etc., it is not recognized that the punishment sentenced by the court below is unfair because it is too unreasonable.

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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