logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.06.04 2020노47
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

30,000 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) state that there was no agreement with the victim on the grounds of sentencing of the lower judgment on the grounds of misapprehension of the legal doctrine. However, the Defendant did not know the victim’s contact address at the time, and requested the lower court to inform the victim of his/her duty and did not inform the victim of his/her abuse of official authority. Nevertheless, the Defendant did not agree with the victim due to the waiver of duty, abuse of authority, and abuse of discretionary power of the lower court. Therefore, the lower court’s judgment imposing heavy punishment on the Defendant on this ground is erroneous in violation of the law, thereby affecting the conclusion of the judgment. 2) In so doing, the lower court’s sentence of unfair sentencing (a imprisonment of four years and a fine of five million won

B. A prosecutor 1) misunderstanding of facts by the Defendant for the victim G is the victim G with a single amblopon (one philopon; hereinafter “philopon”).

In relation to the part of the medication, according to all evidence, it is sufficiently recognized that the defendant administered a phiphone on the part of the victim with sexual purpose. Even if that is not so, the defendant, even though he was aware of the possibility that the philophones might compromise the victim, it should be deemed that at least the defendant had the intention to administer philophones to the victim. Nevertheless, the court below found the defendant not guilty of the facts charged that the defendant administered philophones and injured the victim, and found the defendant guilty of the injury only due to the negligence. 2) The punishment of the court below on the grounds that the punishment of unfair sentencing is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and prosecutor.

According to Article 323(1) of the Criminal Procedure Act, the judgment of conviction must clearly state the facts constituting a crime, the summary of evidence, and the application of the law.

arrow