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(영문) 울산지방법원 2016.10.14 2016노1289
마약류관리에관한법률위반(향정)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. According to the records on the Defendant’s appeal, the Defendant filed an appeal against the lower judgment on August 10, 2016, and the Defendant did not submit the statement of grounds of appeal within 20 days from the deadline for submitting the lawful grounds of appeal, even when he/she received the notification of the receipt of the trial record from the lower court on September 1, 2016

In addition, there is no statement in the grounds for appeal in the petition of appeal, and even if the defendant has examined the records based on the grounds for appeal stated in the grounds for appeal filed on October 10, 2016, for which the appellate brief was not timely filed, the grounds for appeal cannot be found ex officio

Therefore, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act.

2. Determination on the prosecutor’s appeal

A. The gist of the grounds for appeal is unreasonable because the lower court’s punishment (one year of imprisonment, two years of probation, one hundred and sixty hours of probation, one hundred and sixty hours of social service, and one hundred and sixty thousand won of penalty) is too uneased.

B. The judgment is based on the following facts: (a) narcotics-related crimes have serious social harm caused by toxicity of narcotics, etc., and are highly likely to harm the people’s health and social safety; and (b) the Defendant appears to have made a false statement in an investigative agency on the upper line; (c) the Defendant acknowledged the instant crime; (d) the Defendant has no record of being punished for the same kind of crime; (c) the instant crime is a simple medication of phiphonephones; (d) the number of times of the instant crime is the simple medication; (e) there are no circumstances or changes in circumstances that may be newly considered in sentencing after the decision of the court below was rendered; and (e) other factors of sentencing as shown in the trial process, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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