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(영문) 울산지방법원 2019.02.15 2018노1277
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, additional collection of KRW 100,000, and 40 hours of order to complete a program) is too unreasonable.

2. The fact that the defendant shows an attitude against his mistake, the fact that there is no record of punishment for a sex offense, etc. is an element of sentencing that can be considered for the defendant, or that the defendant commits the drug crime in this case even during the repeated crime period for a same kind of drug crime, there are several records of punishment for the same drug crime. Narcotics-related crimes are not easy to detect due to their characteristics, but require strict punishment due to their high risk of recidivism, as well as high negative impacts on society as a whole due to their cryptability, toxicity, and toxicity, and other factors of sentencing as shown in the arguments of this case, including age, character, behavior, home environment, motive and circumstance of the crime, means and consequence of the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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