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(영문) 울산지방법원 2017.12.07 2017노1366
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 the reasoning of appeal: The defendant shows his attitude to recognize and reflect each of the crimes in this case.

The Defendant committed the instant crime without being aware of the fact that he was sentenced to two years of suspended sentence on April 27, 2017 due to the crime of injury on April 27, 2017 and was sentenced to two years of suspended sentence on May 5, 2017, and the judgment became final and conclusive on May 5, 2017.

The defendant has been punished once as a crime of the same kind.

All the kinds of sentencing conditions and the scope of recommended punishment according to the sentencing guidelines, including the above favorable circumstances, the defendant's age, character and character environment, the motive and means of crime, the circumstances before and after the crime, etc., as well as the circumstances before and after the crime (one year to three years).

(a) Basic crime [the scope of the recommended punishment] basic area (the violation of the Act on the Control of Narcotics, Etc. by Provision of Handphones] / [the determination of the type] 2 types (mariju, fab, c. and c.) of narcotics crimes, such as trading, arranging, etc. in the form of narcotics crimes / [the scope of the recommended punishment] basic area (one year to two years)

(b) Class 1 and 2 concurrent crimes [the crime of violation of the Act on the Control of Narcotics, Etc. by Handphone medication] / [the determination of types] 3 types of narcotics crimes (b) / [the person subject to special sentencing] / None of the basic areas (the scope of recommended punishment / [the scope of imprisonment / 10 months / 2 years / 10 years /

C. In full view of the total sum of imprisonment with prison labor for the final sentence scope according to the standards for handling multiple crimes (one year to three years) and the sentence imposed by the court below is too unreasonable.

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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