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(영문) 울산지방법원 2018.02.09 2017노1580
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.

2. The following are the circumstances that are favorable to the Defendant: (a) the Defendant showed the attitude of reflecting his mistake while recognizing the Defendant’s crime; (b) the Defendant’s mother was in ambened; and (c) the Defendant’s mother was not re-offending; (b) each of the instant crimes was administered twice the ambenon; (c) in light of the fact that the ambenphone was distributed in our society, and the harm caused by addiction and illegality is gradually serious, it is necessary to punish the ambened; (d) the Defendant has been punished five times for the same crime (it refers to the past four times of punishment); (c) the Defendant was sentenced to imprisonment for the same kind and six months at the Ulsan District Court on April 20, 2016, and (d) the Defendant again committed the instant crime during the period of repeated crime after the enforcement of the sentence was completed on June 5, 2017.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. Thus, 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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