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(영문) 서울서부지방법원 2014.10.31 2014노1195
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts stated in the judgment of the court below, the defendant did not assault the victim F as stated in the part of the crime.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, one year of 10, one year of 100, two hundred thousand won of confiscation, and two hundred thousand won of collection) is unreasonable.

2. According to the first prosecutor's protocol of interrogation of the accused, which is the evidence duly adopted and examined by the court below, and the written statement of F preparation of the first prosecutor's protocol of interrogation of the accused, it can be recognized that the accused committed an assault by considering the victim F's face. Thus, the above argument by the accused

3. The Defendant’s finding of the allegation of unfair sentencing is an element of sentencing favorable to the Defendant that acknowledges and reflects the crimes related to narcotics and the assault against the victim G.

However, in full view of the factors of sentencing unfavorable to the Defendant, including the fact that the Defendant had been already sentenced to severe punishment on several occasions due to the violation of the Act on the Control of Narcotics, etc. from around 2006, the fact that the Defendant committed the instant crime during the repeated crime period, and the Defendant committed violence against the victims by taking narcotics, etc., the sentence of the lower court against the Defendant is adequate.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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