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(영문) 대구지방법원 2020.09.08 2020노2131

약사법위반등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

Sexual assault, 40 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, order to complete a program, confiscation) of the lower court is too unreasonable.

2. The judgment of the court below is just for the following reasons: (a) the Defendant sold fake drugs on seven occasions and sold drugs to the extent that the proprietor is not a pharmacy operator; (b) took or tried to take dynamics of a large number of victimized women on five occasions; (c) taken or tried to take dynamics of the victimized women on five occasions; (d) among them, the victim G threatened the victim G with a view to spreading the victim’s bridge photographs; and (e) provided information on the prohibition of the sale of narcotics, etc. to another person even if the victim is not a narcotics handler; and (e) up to now, the Defendant did not receive a written statement from three persons, such as the victim S, name influen, and inf

However, the fact that the Defendant seems to be both aware of the crime and reflects on the fact that the Defendant did not repeat the crime, such as completing the education for preventing sexual assault, and that there is no history of criminal punishment, and information on the prohibition of the sale and purchase of narcotics, etc., only presented to another person via the Internet, and does not seem to possess or sell narcotics, etc., in fact, the victim R and the victim do not wish to punish the Defendant in accordance with the agreement between the victim R and G at the lower court, and the father of the Defendant is under the inter-surkic disease, and the Defendant was under the cross-surbation to his father on June 14, 2019.

In full view of all the sentencing conditions indicated in the instant case, including the Defendant’s age, career, character and conduct, environment, family relationship, motive and background of the crime, means and consequence, and circumstances after the crime, the lower court’s punishment is too unreasonable.

3. The judgment of the court below is reasonable in light of the reasoning of the appeal by the defendant.