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(영문) 울산지방법원 2014.10.31 2014노787
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. In light of the fact that the defendant recognized all of the crimes, and said that he would not repeat again, it shall not be considered that the sentence of the court below is unfair because the defendant is too excessive, taking into account the following factors: (a) even though the defendant had been sentenced to one suspended sentence once or more times as a single crime; and (b) he was released from the prison despite having served two times as a prison sentence, he again commits the crime of this case for the same repeated period of about one year and two months; (c) the defendant was administered and delivered narcotics to others as well as the defendant was involved in the distribution of narcotics; and (d) the defendant was in possession of a large quantity of narcotics; and (e) the defendant's age, character and conduct, and environment, all of the sentencing conditions,

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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