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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant is only aware of the dystrophalopon, and did not administered a part of the dystrophopon.
Considering the fact that the health is not good even if it is not so, the sentencing of the lower court (one hundred months of imprisonment and additional collection) is too unreasonable.
B. In light of the fact that the prosecutor’s defendant committed the instant crime since it was not even after release, etc., the lower court’s sentencing is too uneasible and unreasonable.
2. Determination
A. First, as to the Defendant’s assertion of mistake of facts, the Defendant came to know on February 14, 2013 that the Defendant she dices the opulon to F on the fifth day prior to the instant five day, and that F had the opulon by drinking the opulon around the following day, and that F had the opulon purchased the opulon to the Defendant of ordinary f (in the investigation record, 78, 129 pages), there is no evidence suggesting that the said F is a person in actual f of the opulon, and it is difficult to accept the Defendant’s assertion in light of the following: (a) the Defendant’s explanation that the opulon was f of having the opulon and having the opulon administered without any doubt, and (b) it was not easily understandable that the Defendant had the opulon administered by the same method as before the previous offense.
B. Next, as to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was about the administration of phiphones in two weeks after the release of the Defendant, and since 1990 to the time of the instant crime, the Defendant was punished for not less than 20 times since 23 years from the release to the release of the Defendant, and the Defendant repeated the administration of phiphones like the instant crime, so there is a need for strict punishment.
However, the fact that the health of the defendant is not good, the defendant started an investigation by telephone to the police after the medication of the case, and the motive and circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc. are various conditions of sentencing as shown in the records and arguments of this case.