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(영문) 울산지방법원 2016.10.28 2016노1487
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and six months of imprisonment, additional collection) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine the grounds for appeal by the defendant and the prosecutor.

The circumstances are favorable to the defendant, such as the fact that the defendant is both aware of his own crime, that the amount of damage caused by the theft crime is not so significant, that the defendant suffers from urology and C infection due to the old age of 70 years, and that the defendant suffers from urology and C infection, and that the mother is dead while living in the aquatic life as of this case.

However, the defendant stolen the victims' property four times and administered philophones on one occasion by retailing method. In light of the method and frequency of the crime, there is no good character of the crime in the past, there is a history of punishment for the same kind of crime such as narcotics and larceny in the past, and in particular, on February 10, 2015, the defendant was sentenced to imprisonment with prison labor for a year and six months for a violation of the Act on the Control of Narcotics, etc. (fence) and sentenced to imprisonment with labor for the same year.

9. 21. After completion of the execution of the sentence, the Defendant committed each of the instant crimes after a few months, and the fact that the victims of the larceny did not agree with the victims of the larceny and did not recover from damage is disadvantageous to the Defendant.

In full view of the above circumstances and conditions favorable to the Defendant, such as the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and the circumstances before and after the instant crime, etc., and all the circumstances constituting the conditions for the instant sentencing as indicated in the trial process, the lower court’s punishment is too heavy or unreasonable, and thus, does not seem to be unreasonable. Accordingly, the Defendant and the prosecutor’s allegation of unfair sentencing is rejected.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is

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