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(영문) 울산지방법원 2017.09.21 2017노580
마약류관리에관한법률위반(향정)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, confiscation, and collection) on the defendant is too minor or unreasonable.

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 court below's decision, a public fact confirmation document was submitted to the Ulsan District National Police Agency that the defendant cooperation in the investigation, such as informing the defendant of the Metepha medication in the course of investigation.

Unfavorable circumstances: the defendant has a record of being punished four times for the same crime.

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 (from August to September 2).

(a) Support for important investigation conducted in the mitigation area (from August to one year and six months), including basic crimes [the scope of punishment recommended] / [the scope of punishment for violation of the Act on the Control of Narcotics, etc. due to Sale of Mept Pacs] / Trading, referral, etc. (the scope of punishment) / the mitigation area (the imprisonment of eight months to one year and six months);

(b) Cooperation in important investigation conducted in the mitigation area (referring to August to one year and six months), Type 1 concurrent crimes [the scope of recommended punishment] / [the violation of the Act on the Control of Narcotics, Etc. due to the Provision of Mept Pacs] / Trading, referral, etc. (the scope of recommended punishment] / the mitigation area (referring to marijuana, fab. (c) and items (c)) / Special mitigated persons] / [the special mitigated persons]

(c) Assistance in important investigation conducted in the mitigation area (referring to August to one year and six months) of Type 2 concurrent crimes [the scope of recommended punishment] / [the scope of punishment for violation of the Act on the Control of Narcotics, Etc. due to the Provision of Mept Pacos] / Trading, referral, etc. (the scope of recommended punishment] / the mitigation area (referring to marijuana, fab. (c) and items (c)) / Special mitigated persons].

D. The scope of final sentence according to the standards for handling multiple crimes: in light of the total of imprisonment between 8 months and 2 months, it is not recognized that the lower court’s punishment is too heavy or unreasonable because it is too low.

3. Conclusion.

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