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(영문) 대구지방법원 2017.10.20 2017노1807
마약류관리에관한법률위반(향정)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not commit a crime of attack against the victim H or K, either jointly with J or independently, as stated in the judgment of the court below, as in the facts charged in the 2016 Highest 3269 case, and there is no fact that the Defendant committed a special larceny of the victim M, P, and R in collaboration with J.

2) The sentence sentenced by the lower court to the Defendant (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. The Defendant alleged the same purport as the grounds for appeal in the lower court’s determination as to the Defendant’s assertion of mistake of facts, and the lower court rejected the aforementioned assertion in detail, following the “a summary of evidence” column. According to the evidence duly adopted and examined by the lower court and the first instance court, the circumstances presented by the lower court on the grounds of conviction are all justifiable.

In addition, the following circumstances acknowledged by the above evidence, i.e., AC, at the court of first instance, made a statement to the effect that he/she received a knife and the written statement from the Defendant and kept it. The above AC’s statement at the court of first instance is inconsistent with the content of the Defendant’s statement to the effect that he/she was in custody of the knife and the written statement from the investigative agency, or that H was remanded to J via J at the court of original instance. The Defendant is difficult to believe it as it is in light of the circumstances that he/she did not make any statement about the existence of AC at all at the investigative agency and the court of original instance, and is not so.

In light of the fact that the defendant cannot be seen as a false statement in the victim H, K's investigation agency and court of original judgment only with the statement in the AC's trial court, the defendant is jointly or independently of the victim H and K as stated in the judgment of the court below, such as the facts of the crime in the 2016 senior group 3269 case.

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