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(영문) 울산지방법원 2013.10.18 2013노670
마약류관리에관한법률위반(향정)
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (one hundred months of imprisonment and one hundred thousand won of additional collection) imposed by the Defendant is too unhued and unreasonable.

B. The defendant's above punishment is too unreasonable.

2. First of all, under the favorable circumstances for the defendant, the defendant led to the confession of the crime of this case and his mistake is divided in depth, and again, he would not commit such crime, and the defendant actively cooperates with the police officer in charge so that he can be arrested by informing of the sales books during the investigation process, and the public document against the defendant was submitted and the health of the defendant is very poor.

Next, under the circumstances unfavorable to the defendant, the defendant was punished for the violation of the Act on the Control of Narcotics, etc. and the violation of the Psychotropic Drugs Control Act on November 30, 2010, and was sentenced on 1 year and 2 months as a result of the violation of the Act on the Control of Narcotics, etc. on November 30, 2010, and committed the crime in this case without being aware of the fact that he was in the period of repeated crime after the execution of the sentence was completed in the Gannbuk branch training prison on January 31, 2012.

In addition to each of the above circumstances, considering all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, the sentencing of the court below cannot be deemed too heavy or unreasonable. Thus, the defendant and the prosecutor's above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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