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(영문) 울산지방법원 2019.10.17 2019노720
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation, and collection) imposed by the lower court on the Defendant is too unreasonable.

2. As to the grounds for appeal of this case, the defendant led to the confession of each of the crimes of this case and reflects his mistake, the defendant informed 7 persons who delivered phiphones without compensation, and sent 5 persons who delivered phiphones by arrest or non-detention, etc. (the fact that the defendant first informed K of the above person), and the fact that the family and the branch of the defendant complained of the defendant's preference against the defendant, which seems to be relatively obvious, are favorable to the defendant.

However, each of the instant crimes committed by the Defendant was administered once and delivered twice the phonephones without compensation, and kept the remaining phonephones on the vehicle. On November 4, 2016, the Defendant was sentenced to two years and six months of imprisonment on April 10, 2018 due to the violation of the Act on the Control of Narcotics, Etc. (hereinafter “Act on the Control of Narcotics, etc.”) and again committed each of the instant crimes at the Busan Correctional Institution, which was in the end of the sentence, but was in the end of the repeated offense period, and the nature of the crime is not good, and the risk of recidivism is very high. Narcotics crimes are highly harmful to society due to its toxicity; the Defendant was discovered as an act of contact with other prisoners and demanding unfair money in the detention center without permission from the employee; the lower court determined the sentence within the scope of recommending the sentencing guidelines (one to three years) by reflecting all favorable sentencing factors asserted by the Defendant; the Defendant’s motive, motive, and circumstances leading up to the Defendant’s occurrence of the instant crime, etc.

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