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(영문) 울산지방법원 2020.09.18 2020노759
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the defendant's judgment on the grounds for appeal is against his own mistake and does not repeat again, and that there are circumstances that can be taken into account in the living environment as well as good health of the defendant is favorable to the defendant.

On the other hand, the crime related to narcotics is highly likely to cause serious adverse effects on society as a whole, such as impairing the public health or inducing other crimes without having the body and mind of an individual, and thus, it is highly necessary to eradicate the crime. The defendant is not limited to administering narcotics, but distributed it to others, such as selling it to others. The defendant repeats the crime even though there are many criminal records of the same kind of punishment related to narcotics. In particular, the defendant is disadvantageous to the defendant during the period of repeated crime after having been sentenced to imprisonment with prison labor for the same crime.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

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