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Defendant
In addition, all appeals filed by a probation order requester and a prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and Probation Order Claimer 1) misunderstanding of facts as to the violation of the Act on the Control of Narcotics, etc. (hereinafter “Defendant”) and misunderstanding of legal principles, Defendant and Probation Order Claimer (hereinafter “Defendant”).
(2) Since the Defendant did not know that he was designated as psychotropic drugs by stroke m as a psychotropic drug, he did not have an intention to commit an indecent act by compulsion. (2) The Defendant did not have committed an indecent act by force by excluding the victim’s panty as stated in the facts constituting an indecent act as indicated in paragraph (4) of the lower judgment.
3) The sentence sentenced by the lower court on unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. The Defendant also asserted the same facts as the grounds for appeal in the lower court, and the lower court explained the content of the provisions of the Narcotics Control Act and the circumstances acknowledged by the evidence duly adopted and investigated by the lower court. In full view of the circumstances, the lower court determined that, even if the Defendant did not know that the stroke-m constitutes psychotropic drugs, even if he did not know that the stroke-m was classified into psychotropic drugs, it does not constitute a mistake in the law as a mere legal site, and thus, the Defendant should be deemed to have had the intention to administer psychotropic drugs.
Examining the above judgment of the court below after comparing it with the records, the above judgment of the court below is just, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles which affected the conclusion
This part of the defendant's assertion is without merit.
B. On March 6, 2019, the Defendant’s assertion of mistake on the part of the indecent act by compulsion was made.