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(영문) 서울중앙지방법원 2020.10.08 2019노4097

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although it may be viewed as a mistake of facts in light of the legal principles’ assertion, it shall be adjusted by misapprehending the legal principles according to the statement of the defendant and defense counsel

[Special Injury (the first instance judgment 2019No330)] The Defendant did not have any intention to cause special injury to the Defendant since the Defendant was a dead person, not a victim or another person, but a dead person. The Defendant did not have any intention to cause special injury.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (10 months of imprisonment with prison labor for the case of 2019 high-class 30 cases in the original judgment, 2 years of suspended execution in August, and 207 of additional collection) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of legal principles and the following circumstances that can be recognized by the evidence duly adopted and examined by the court below, namely, ① the victim stated in the police investigation that the victim was her own seat a stone plate set for the use of the Gu, ② According to field CCTV images, it can be confirmed that the defendant was shot up one string in the use of the Gu and the string of the string of the victim, and the body fighting with the body of the victim. ③ Since the behavior of the defendant and the victim at the time of the string of the string of the string and the body fighting, etc., it is very important for the defendant to take advantage of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the string of the victim.