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(영문) 울산지방법원 2016.07.22 2016노789
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a 10-month imprisonment, confiscation, collection 200,000 won) is too unreasonable.

2. The following facts are examined: (a) the Defendant recognized his mistake and against himself; (b) the Defendant appears to have caused the instant crime by his solicitation from the upper line I; and (c) cooperation with the upper line I in the investigation; (d) the Defendant did not engage in the instant crime even though he was sentenced to a suspension of execution for a period of one year in Busan District Court on November 19, 2015 to a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc.; and (c) the Defendant was under the suspension of execution for a period of two years in which he was sentenced to a suspension of execution; (d) the Defendant was going to commit the instant crime without being sentenced to a suspension of execution for a period of two months in which he was sentenced to a suspended sentence; and (e) the Defendant was subject to a disciplinary measure of 15 days in which he was living in prison due to the instant crime; and (e) the Defendant’s age, sex, environment, motive and background of the instant crime; and (e) the Defendant’s unfair sentencing.

3. In conclusion, 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. It is so decided as per Disposition.

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