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(영문) 울산지방법원 2017.08.10 2017노730
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, confiscation, and collection) on the defendant is too unreasonable, due to the summary of the reasons for appeal.

2. The circumstances favorable to the judgment: The defendant shows an attitude to recognize and reflect the crime of this case.

In the court below, the public fact confirmation document was submitted by the U.S. National Police Agency to provide cooperation in investigation, such as informing the defendant of the upper line in the process of investigation.

Unfavorable circumstances: Crimes of this case are inferior to the nature of crimes.

In addition, the defendant committed the crime of this case without being aware of the record that he had been subject to one-time suspended sentence for the same crime.

All the kinds of sentencing conditions and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances, unfavorable circumstances, the defendant's age, character and character environment, the motive and consequence of the crime, the circumstances after the crime, etc., as well as the circumstances after the crime, etc.

(a) Support for important investigation conducted in the mitigation area (from August to one year and six months), including basic crimes [the scope of punishment recommended] / [the scope of punishment for violation of the Act on the Control of Narcotics, etc. due to Sale of Mept Pacs] / Trading, referral, etc. (the scope of punishment) / the mitigation area (the imprisonment of eight months to one year and six months);

(b) Cooperation in important investigation into the mitigation area (six months to one year and six months), the mitigation area of first concurrent crimes [the scope of recommending punishment] / [the violation of the Act on the Control of Narcotics, etc. due to the medication of Mept Pacacacacacacacacaca (the scope of recommending punishment] / the medication and simple possession, etc. (b) / the mitigation area (the imprisonment of six months to one year and six months);

(c) Cooperation in important investigation conducted in the mitigation area (six months to one year and six months) of the Class 2 concurrent crimes [the scope of recommending punishment] / [the scope of recommending punishment] 3 types of medication, simple possession, etc. (b) and the mitigation area (one year and six months from the imprisonment of six months to the special mitigation area).

D. The scope of final sentence according to the standards for handling multiple crimes: in full view of the total of imprisonment between 8 months and 2 months, it is not recognized that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too unreasonable.

3. Conclusion of the defendant.

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