(영문) 광주지방법원 2017.10.25 2017노3059 | 리걸엔진

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(영문) 광주지방법원 2017.10.25 2017노3059

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court convicted all of the facts charged of this case on the ground of D’s statement without credibility, although the lower court did not err by misapprehending the legal doctrine, or by misapprehending the legal doctrine, on the ground that there was a misunderstanding of facts or by misapprehending the legal doctrine.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances, which are acknowledged by the court below as a whole by taking into account the evidence duly adopted and examined by the court below as to the assertion of fact mistake, i.e., that: (a) D received and delivered a penphone together with the Defendant, which is a key content of the facts charged in the instant case in the investigative agency and court of the court below; (b) E stated to the effect that the Defendant had been driving his vehicle when D was found in the court of the court below; and (c) it is difficult for the Defendant to find reasonable grounds for the Defendant to drive his vehicle from Gwangju to Busan, as stated in the court of the court below, to fully recognize the fact that the Defendant received and administered a penphone as stated in the judgment of the court below; and (b) the above assertion by the Defendant is without merit.

B. Determination of the unjust assertion of sentencing is recognized that the number of times the defendant accepted and administered a philophones, etc. are limited to one time each.

However, in light of the fact that the crime of this case is not good, the defendant committed again during the period of repeated crime, even though he had a previous conviction, including a previous conviction, which was committed by several times, and the defendant committed again during the period of repeated crime for the same kind of crime, and other conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, this part of the defendant's assertion is groundless

3. If so, the defendant's appeal is justified.

유사 판례

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