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(영문) 부산지방법원 2019.10.18 2019노2549
마약류관리에관한법률위반(향정)등
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, 80 hours against the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two years and six months) of the original judgment is too unreasonable;

2. The crime of this case, after the defendant purchased phiphonephones, administered phiphones to three persons, such as the victim F, etc. to meet his own sexual satisfaction, and taken the sexual relation images with the victim F by using a mobile phone, and the criminal liability is heavy in light of the circumstances, contents, and water methods of the crime.

Narcotics-related crimes are harmful to society as a whole due to harm to the health of the people and their sense, toxicity, etc.

However, the Defendant is against all of the instant crimes, and there is no record of being punished for the same kind of narcotics or sexual crimes.

In the appellate trial, the defendant agreed with 3 victims F and others.

The Defendant cooperationd with investigative agencies in investigating narcotics crimes.

The circumstances in which the video taken by the defendant has been distributed to a third party are not peeped.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be ruled as follows

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with

Application of Statutes

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the selection of a sentence, sexual crime;

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