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(영문) 서울고등법원 2016.11.24 2016노1898
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of attempted rape among the facts charged of this case based on the victim's statement without credibility, etc., on the ground that the defendant, including mistake of facts, was the main points of "H" operated by I, the victim's wife (hereinafter the main points of this case) for the purpose of rape, and attempted rape. Thus, the court below erred in the misapprehension of legal principles, such as misconception of facts, misconception of facts, and misapprehension of legal principles.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disorder under the influence of breathing and drunkly treating the neute stability.

C. The lower court’s sentencing is too inappropriate on the ground that the sentencing is too inappropriate.

(2) Each attorney's written opinion submitted after the expiration of the period for submitting the written appeal shall be determined within the scope of supplement to the grounds for appeal stated in the written appeal, and no separate judgment shall be made on the grounds for appeal that are not entered in the written appeal).

A. In light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court below as to the assertion of misunderstanding of facts, etc., the defendant can sufficiently recognize the victim as having attempted to psychotropic drugs medication to resist by making it impossible for the victim to resist and rape the victim, as stated in the judgment of the court below, since this part of the defendant's assertion is without merit.

1) ① The Defendant, along with the victim, is a “D” restaurant (hereinafter the instant restaurant).

In this case, drinking alcoholic beverages are "F" convenience stores suitable for drinking at the restaurant of this case, and purchased 2 cans of the lodging room beverages of the instant restaurant, opening one cans to mixing the psychotropic drugs, which contain a psychotropic drug-related solution ingredients. ② The Defendant 2 cans of the lodging room and returned to the restaurant of this case.

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