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(영문) 울산지방법원 2016.02.19 2015노1607
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

250,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment and additional collection of 250,000 won) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case on board is deemed to have been administered twice by the Defendant by purchasing or delivering phiphonephones without compensation. Since the narcotics crime is very serious and harmful to society and home due to its toxicity, etc., there is a need to strictly punish the crime. The Defendant has the record of being punished twice as the same crime even before the crime of this case was committed, and in particular, the Defendant committed the crime of this case on a 10-day basis after the expiration of the suspended period of execution due to the same crime, etc., which is disadvantageous to the Defendant.

However, all of the crimes of this case are recognized by the defendant, they are self-denunciationed after the crime, inform the upper line, etc., cooperate with the investigation, the defendant seems to have been treated due to mental problems, such as depression, etc., and the defendant's failure to repeat the crime, etc., circumstances favorable to the defendant, such as the defendant's age, family relation, criminal records, sex, environment, means and method of the crime, motive and circumstance of the crime, etc., all of the sentencing conditions shown in the arguments of this case, and the result of the application of sentencing guidelines by the sentencing committee of the Supreme Court and the sentencing guidelines of the Supreme Court.

1. Basic crimes: The three types (person who is in charge of special sentencing) [the person who is in charge of sentencing], the self-denunciation (the factors of mitigation) and the same previous conviction (the period of suspension of execution not exceeding three years) [the scope of recommendation] 10 months-2 years-2 years-2 years-2 years-2 of imprisonment;

2. Second offense: The three types (one-month period or two years period from June 18, 2015) (one person subject to special sentencing), the self-denunciation (one person subject to mitigation of punishment), the same criminal record (one year or less) (one year or less) (one year or less) of the three types (one year or less) of the three types of crimes (one year or less).

3. Crimes No. 3: The occupation of purchasing self-phones on August 20, 2015 (the type is determined).

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