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(영문) 인천지방법원 2016.11.30 2016노2268
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for crimes Nos. 1 and 2 in the original judgment, and two months of imprisonment with prison labor for crimes No. 3 in the original judgment, 40 hours of order to complete sexual assault treatment programs, and 727,650 won for additional collection) is too unreasonable.

2. The fact that the defendant made a confession of all of the crimes of this case and reflects his mistake, the crime of Article 3 of the judgment of the court below as stated in the judgment of the court below and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act shall be considered at the same time in relation to the crime of final and conclusive judgment as stated in the judgment of the court below, and the fact that the defendant deposited the prescribed amount for the victim of the crime of Article 2 of the judgment of the court below

However, the Defendant was sentenced to a suspended sentence of three years on April 28, 2015 for a violation of the Act on the Control of Narcotics, Etc. (fence), and the judgment became final and conclusive on October 13, 2015 (referring to a criminal record having concurrent relation between the crimes of Article 3 and the latter part of Article 37 of the Criminal Act) and committed the crimes of Articles 1 and 2 in the judgment of the court below. In particular, the crime of Article 1 in the judgment of the court below is the criminal for the purchase and medication of the same criminal, even though the crime of Article 2 in the judgment of the court below was deposited the prescribed amount for the victims of the crime of Article 2 in the judgment of the court below, and other unfavorable circumstances such as the Defendant’s age, character and behavior, occupation and environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, and all the sentencing conditions specified in the records and arguments of this case, the Defendant’s argument is not justified.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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