(영문) 수원지방법원 2017.02.03 2016노6396 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.02.03 2016노6396

마약류관리에관한법률위반(향정)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the crime of provisional punishment No. 1 in its holding: imprisonment with prison labor for two months, and each of the remaining crimes in its holding: Imprisonment with prison labor for one year and eight months, additional collection of KRW 1,469,90) is too unreasonable.

B. As to the acquittal portion of the lower judgment’s judgment, the lower court acquitted the Defendant on the ground that the Defendant did not have any negligence on the part of the Defendant’s acquittal portion, at least, on the ground that the Defendant did not have any negligence on the part of the lower judgment, on the ground that it was a similar

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. The lower court found the Defendant not guilty on the grounds that the Defendant purchased a fake petroleum product of KRW 200,000 at a price lower than the market price, although it is found that the Defendant purchased a fake petroleum product of KRW 32,00,000 at a price lower than the market price, such circumstance alone is insufficient to recognize the Defendant’s intention to purchase fake petroleum products, and there is no other evidence to acknowledge it.

In light of the evidence, a thorough examination of the judgment of the court below is acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor in the judgment of the court below.

B. It is advantageous to the fact that the defendant recognized and reflecteds the crime, and that the equity should be considered with the case of being tried together with the crime of the previous conviction in which the judgment became final and conclusive.

On the other hand, the defendant has been punished several times due to the drug crime, the defendant committed the same drug crime during the period of repeated crime due to the drug crime, the frequency of the crime is several times, and the transfer of philophones handled is considerable.

In addition to these circumstances, considering various sentencing conditions such as the defendant's age, sex, environment, details of the crime, and circumstances after the crime, the sentence of the court below is too excessive.

유사 판례

-서울동부지방법원 2018.09.13 2018노425

-대구지방법원 2016.01.28 2015노333

-의정부지방법원 고양지원 2017.12.21 2017고단3165

-인천지방법원 2018.06.04 2018고단1385

-수원지방법원 2017.06.28 2016고정3191