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(영문) 인천지방법원 2017.07.20 2017노704
마약류관리에관한법률위반(향정)등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance concerning the defendant B shall be reversed.

Defendant

B The judgment of the court below of first instance.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (as to the judgment of the court below Nos. 1 and 2), the court below erred in the legal principles (as to the judgment of the court of first instance) (as to the judgment of the court below), on the premise that there was a final and conclusive judgment against the Defendant, separately decided punishment for each crime before and after the final and conclusive date, but the court below filed a reappeal against the final and conclusive

Nevertheless, the court below rendered a separate sentence for each crime before and after the final judgment on the grounds of existence of final judgment. In so doing, the court below erred by misapprehending the legal principles, which affected the conclusion of judgment.

2) The punishment sentenced by the lower court (the first instance judgment: 2 months of imprisonment; 1 year of imprisonment; 200,000 won of confiscation; 200,000 won of penalty; 6 months of imprisonment) is too unreasonable.

B. The prosecutor (as to the judgment of the court below of the second instance)’s sentence (as to the defendant B: 6 months of imprisonment, the fine of 3 million won for each of the defendant C/D, and the fine of 2 million won for each of the defendant E) declared by the court below is too uneasible and unfair.

2. The Defendant C, D, and E of the Prosecutor’s grounds for appeal is recognized as threatening the employees of the Incheon Airport Corporation who were engaged in the illegal act of private parking agency business and who controlled the act, and the crime is not good, and the damage to the victim was not recovered.

However, in full view of the following circumstances: (a) the Defendants are recognizing the instant crime; (b) there is no record of criminal punishment exceeding the fine imposed on Defendant C and E; (c) Defendant D has been subject to multiple times of violent crimes, but there is no record of criminal punishment exceeding the suspension of execution; (d) the Defendants’ participation in the instant crime; and (e) the Defendants’ age, sexual conduct; (e) the motive, means and consequence of the instant crime; and (e) other circumstances that form the condition for sentencing, such as the circumstances after the instant crime, the lower court’s punishment is too uneasible

Therefore, this part of the prosecutor's argument is without merit.

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