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(영문) 인천지방법원 2018.12.07 2018노2855
마약류관리에관한법률위반(향정)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. The lower court dismissed the prosecution regarding intimidation against B among the facts charged in the instant case, and convicted the remainder of the facts charged, respectively, and appealed for the reason that only the Defendant appealed on the guilty part of the lower judgment on the ground that the sentencing was unfair.

Therefore, since the defendant and the prosecutor's rejection part of the public prosecution which did not appeal is separated and finalized by the expiration of the appeal period, the court shall decide only on the conviction part of the judgment below.

2. The lower court’s reasoning for appeal (one year and six months, etc.) is too unreasonable.

3. One of the defendants has a record of criminal punishment several times, and in particular, during the suspension of the execution of narcotics crimes, the nature of the crime in this case is very poor, and the attitude of detention is not good by bringing obscene materials into prison.

However, at the court below, the defendant agreed with the victim B at the court below, and agreed to the victim I excessively by recognizing all the crimes in this case at the court below. The crime of the Narcotics Control Act, which was sentenced to a one-year imprisonment, was purchased, administered, and possessed phiphones during the period from November 28, 2016 to December 5, 2016, and continuously commits the same type of crime in the same year as the crime in this case, and thus, the defendant's age, sex, sex, environment, family relationship, occupation, relationship with victims, motive, means and consequence, etc., are considered as having been committed at the same time, and thus, the defendant's assertion is unfair, considering various circumstances that are conditions for sentencing specified in the records and arguments in this case, such as the defendant's age, sex, sex, family relation, occupation, motive and consequence, etc., as the defendant's argument is reasonable.

4. Since the appeal by the defendant is well-grounded, the guilty part of the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is decided through pleading.

[Judgment which is used again] Summary of facts constituting a crime and evidence shall be the court.

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