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(영문) 울산지방법원 2017.07.19 2017노662
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and two months of imprisonment, additional collection) on the defendant is too unreasonable, due to the summary of the reasons 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.

On January 23, 2015, the Defendant was sentenced to 8 months of imprisonment and 1 year and ten months of imprisonment for a violation of the Narcotics Control Act, respectively, and committed the instant crime on September 25, 2016 without being aware of the fact that he/she was under the period of repeated crime.

The defendant has been punished more than 10 times for the same crime.

In light of the three types of punishment (i.e., imprisonment for one year to three years) (i.e., medication, simple possession, etc. of narcotics crimes), which include the above favorable circumstances, the Defendant’s age and character environment, the motive and consequence of the crime, the circumstances after the crime, etc., as well as the various sentencing conditions indicated in the arguments and records of this case, and the scope of the recommended punishment according to the sentencing guidelines (i.e., imprisonment for a period of one year to three years) (i., a special aggravated person) [i.e., a person subject to a suspended sentence for three years] and the same type of punishment (i.e., a person subject to a suspended sentence for three years) [the scope of recommended punishment] from 1 to 3 years (aggra

3. 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.

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