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(영문) 서울북부지방법원 2016.04.22 2015노2208
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, by misunderstanding the fact, although the Defendant had not administered phiphones.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination:

A. The following can be acknowledged in full view of the evidence duly admitted after examining the evidence duly admitted as to the assertion of mistake of facts.

On August 4, 2015, at the time of emergency arrest due to the charge of the withdrawal of the amount of damage caused by Bophishing, or the suspected fact of being in charge of the transportation of an access medium to be used, there was a injection that is presumed to have been administered on both arms.

On August 7, 2005, the defendant refused to take urines and hairs for examining whether phiphones have been administered, and the investigative agency obtained a warrant of search and seizure for this purpose, and requested the National Institute of Scientific Investigation to conduct appraisal by collecting the urines and hairs of the defendant.

As a result of the appraisal, the defendant's urgaphones training reaction has been made in the urgical examination, and the urgical examination has also made the same positive reaction.

In the case of medication of opopon, the period for detecting coponoculic ingredients through copon is about 4 days after the medication in the case of simple medication, and about 7 days to 10 days after the medication.

The defendant has already been punished for imprisonment on two occasions with prison labor due to the administration of philophones, and in particular, the period of repeated crimes is during which the defendant has been punished.

The defendant is aware that the amount of one-time medication is 0.03g.

In full view of these facts, the Defendant can sufficiently recognize the fact that the Defendant administered approximately 0.03g of philophones to the Defendant’s arms blood cells by means of injection of approximately 0.03g of philophones in his dwelling area, office, etc. prior to the urgent arrest.

The defendant's assertion of facts cannot be accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

Bosing. Bosing.

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