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(영문) 인천지방법원 2020.01.23 2019노2563
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant are dismissed.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor and collection for one year, and the second instance judgment: the fine of 50,000 won) that the lower court sentenced the Defendant is too unreasonable.

2. Regarding the judgment of the court of first instance, comprehensively taking into account the following circumstances: (a) the Defendant had the record of having been punished for the same criminal record and committed the instant crime during the period of the same repeated crime; (b) the background of the instant crime; (c) the Defendant’s criminal records; and (d) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the circumstances that the Defendant agreed with the victim of the crime of destruction, even if considering the circumstances that the Defendant agreed with the victim of the crime

In relation to the judgment of the court below, the punishment of the court below is too heavy in full view of the degree of the assault committed by the defendant and the other party to the assault and various circumstances constituting the conditions of sentencing as shown in the argument of this case.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal of this case is without merit.

(3) The judgment of the court below against the defendant was consolidated in the first instance court, but the punishment of the court below is imprisonment with prison labor, and the punishment of the court of the second instance is different from that of a fine, and the sentencing of the court of first instance and the court of second instance is maintained as it is, the judgment of the court of first instance and the judgment of the court of second instance are not reversed ex officio on the ground of combined examination.

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