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(영문) 울산지방법원 2017.10.26 2017노884
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and six months, confiscation and collection) on the defendant is too unreasonable, due to the summary of the grounds for appeal.

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

In the course of the investigation, the defendant has cooperatedd with the investigation by providing information about the Metepha medication.

Unfavorable circumstances: the Defendant committed the instant crime without being aware of the same repeated crime even during the same repeated crime period.

The defendant has been punished nine times for the same crime (eight times for actual punishment, one time for suspended execution).

It shall not apply to a large amount of the sum of the co-owners of the defendant's possession.

The defendant's age, character and character environment, motive and means of crime, circumstances before and after the crime, etc., as well as various kinds of sentencing conditions and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances and unfavorable circumstances (one year to three years);

(a) Basic crimes [the crimes of violation of the Act on the Control of Narcotics, Etc. by Provision of Mepters] / [the types of decisions] / [the types of violation of the Act on the Control of Narcotics, Etc. by Provision of Mepters] / Sales, good offices, etc., and important investigation cooperation [the persons subject to special mitigation] / [the persons subject to special aggravation] / the previous crimes of the same type (the scope of punishment recommended within three years) / the basic area (one year to two years);

(b) Class 1 concurrent crimes [the crime of violation of the Act on the Control of Narcotics, Etc. by Provision of Mept Ampia] / [the determination of types] / trading, brokerage, etc., and important investigation cooperation [the person subject to special mitigation] / [the person subject to special aggravation] Before the same type of crime (the scope of recommended punishment within three years) / The basic area (one year to two years) / the basic area (the scope of recommended punishment)

C. Type 2 concurrent crimes [the crime of violation of the Act on the Control of Narcotics, Etc. by Provision of Mept Ampia] / [the determination of types] / trading, brokerage, etc., and important investigation cooperation [the person subject to special mitigation] / [the person subject to special aggravation] Before the same type of crime (the scope of recommended punishment not exceeding three years) / [the scope of suspended sentence].

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