logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.07.06 2017노1830
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. 1-A or C of the judgment on the gist of the grounds for appeal.

It is true that the judgment of the court below which found the defendant guilty is different from the facts, which affected the conclusion of the judgment.

In addition, the punishment prescribed by the court of the court of the original instance (one year and six months of imprisonment, additional collection of 700,000 won) is too unreasonable.

2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of facts, the court of the original instance runs from 1-A to 1-C as stated in its reasoning.

It is just and just that it is found guilty of the facts charged in the instant case, including the subsection.

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

As to the unfair argument of sentencing, the defendant seems to have led to a confession and reflect on the crime.

In cooperation with the investigation, parents, spouse, and relatives appeal their wife.

In particular, the reference is going to the innovation and guidance of living conditions through return to farming.

However, the criminal liability of the defendant is not against the law.

There are several criminal records, and the same records are two times of suspended execution.

Although the same crime has been committed in the same kind, it was committed before the probation for three years, it was committed during the grace period (not later than July 2019).

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

The punishment corresponding to the lower limit of the recommended range according to the sentencing guidelines is set.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in 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. Thus, the defendant's appeal is not reasonable, and Article 364 of the Criminal Procedure Act is not reasonable.

arrow