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(영문) 서울고등법원 2014.11.28 2014노2399

마약류관리에관한법률위반(향정)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant 1”) misjudgments the fact that the Defendant had also lent a loan from Ansan City on July 10, 2012, and did not interview the victim. Therefore, the Defendant did not commit an indecent act against the victim, even if the Defendant did not take a philopon. 2) The sentence imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Although the lower court also asserted that the Defendant’s assertion of mistake of facts is identical to the aforementioned assertion of mistake of facts, the lower court found the Defendant guilty on the part of the victim’s statement recorded in the video CD without reliance on the J’s statement by the witness of the lower court.

In full view of the evidence adopted and examined by the court below, such as the statement of the victim, attitude, and penphone composition of the victim, the victim's statement at the court of the trial may be trusted in light of the victim's statement, attitude, penphone composition, etc., and the evidence adopted and examined by the court below, such as the statement of the victim with credibility, the use of cellular phone of the defendant, and the appraisal result of the victim's phiphone composition, it is recognized that the victim administered phiphones and committed indecent acts

Therefore, the fact-finding of the court below is just, and the defendant's above assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance to the Defendant, with regard to the following: (a) the Defendant administered and commits an indecent act against the minor under his or her care, and thus, the nature of the crime is bad; (b) the Defendant had the record of having been sentenced to imprisonment three times due to a crime related to narcotics, etc.; (c) the mental impulse suffered by the victim appears to be considerable; and (d) the Defendant does not seem to have

With respect to the crime of intimidation against victim H and I, the defendant recognized his mistake and reflects his depth, and victim D.