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(영문) 인천지방법원 2017.08.24 2017노1036
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Expenses incurred in relation to witnesses shall be borne by the defendant from among the costs of trial in the trial.

Reasons

1. The summary of the grounds for appeal is that the judgment of the court below is a case where the mistake of facts has affected the conclusion of the judgment.

In addition, the punishment prescribed by the court of the court of the court below (the imprisonment of 2 years and 6 months, the collection of 300,000 won, and the order to attend child abuse treatment 80 hours) is too unreasonable.

2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of facts, it is just and acceptable for the court below to find the Defendant guilty of the facts charged in this case as stated in its holding.

We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.

The testimony of the witness D is difficult to recognize the credibility of the statement because the defendant made a strong speech or behavior with the witness in the court.

In the appellate court on the unfair argument of sentencing, the injured party did not want the punishment of the defendant.

However, the criminal liability of the defendant who committed assault and child abuse is not easy to do so, and detention is inevitable for a considerable period of time in order for the defendant to take a weak position.

The reaction of philophone training was detected in Mod's hair.

There have been a number of criminal records, and 4 times or punishment was imposed as a crime related to the same phiphones by 2008 (in fact, 3 times or 1 times or 2008). Furthermore, this type of repeated crime is a repeated crime.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

Considering the aforementioned various circumstances, it is difficult to see the victim’s in the trial as a new circumstance that could have been sentenced to the reduction of punishment, and there is no other circumstance that could be considered especially in the sentencing as a result of the pronouncement of the lower judgment.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. In conclusion, the defendant's appeal is justified.

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