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(영문) 울산지방법원 2018.02.01 2017노978
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and additional collection) on the defendant is too unlimited and unfair.

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 course of investigation, the defendant provided cooperation in the investigation such as informing the upper party.

It seems clear that the social relationship between the defendant and his family members is clear, such as the defendant's birth of his wife against the defendant.

Unfavorable circumstances: The defendant committed the crime of this case without being aware of it during the period of suspension of execution due to the same crime.

The defendant has been punished four times for a suspended sentence for the same crime.

In full view of the above favorable circumstances, the Defendant’s age and character environment including unfavorable circumstances, motive and means of committing the crime, the circumstances before and after committing the crime, etc., as well as the various sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines (one year to two years), including the circumstances before and after committing the crime / [the scope of the recommended punishment] types 3 (one year to two years of imprisonment) basic areas (one year), including medication and simple possession, etc. (one year to two years of imprisonment) of the basic areas (one year to two years of imprisonment) of the crime committed by narcotics, it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable because it is too unreasonable in full view of the important cooperation in investigation [the special aggravated person] types / [the special aggravated person] and the previous offense and

3. 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.

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