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(영문) 창원지방법원 2018.04.25 2017노3150
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in paragraph (2) of the facts constituting an offense in the lower judgment, did not have any property benefits by causing a sound to the victim C or F, thereby causing the victims to gain pecuniary benefits.

The judgment of the court below is erroneous in finding facts.

(b) Sentencing (the sentence of the lower court: Imprisonment with prison labor for a year and eight months);

2. Determination

A. As to the assertion of mistake of facts, the Defendant withdrawn the assertion to the same effect in the lower court.

In regard to this, the court below, on the grounds of the circumstances stated in its reasoning, such as the testimony of the witness C of the court below and the statement of the police preparation against the victim F, held that the victim C who already frighted due to the act, such as the act as set forth in paragraph (1) of the criminal facts in the judgment of the court below, was not able to claim the drinking value because the victim C, who had been frighted, demanded the drinking value due to the act as set forth in paragraph (1) of the court below,

As to the facts of the crime described in Paragraph 2-b of the holding, the victim F was not able to claim a drinking and drinking value on the idea that the victim F also demanded a drinking value to the defendant but was suffering from any harm that he would have caused.

In light of the above facts charged, all of the charges were convicted.

Examining the judgment of the court below closely by comparing the record with the record, the above judgment of the court below is just and acceptable, and there is no violation of law by mistake of facts as alleged by the defendant.

Defendant

The argument is without merit.

B. As to the unjust assertion of sentencing, the lower court determined that the Defendant was the period of repeated crime, the crime of this case was committed several times, and the Defendant’s criminal records on the violation of the Narcotics Control Act are disadvantageously against many criminal records, and that the Defendant led to the confession of the instant crime, the victims do not want the punishment of the Defendant, and the need for treatment and assistance for the Defendant’s addiction crimes.

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