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(영문) 서울중앙지방법원 2017.08.31 2017노1997
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding the legal principles, the Defendant, after dilution F’s morm on the F’s morm and arranged F’s morm without doing any act soliciting the morm to drink it.

As such, it did not reach the commencement of the crime of using narcotics.

나. 사실 오인 및 법리 오해 피고인의 행위가 설령 마약류 사용의 실행의 착수에 이른 것으로 평가된다고 하더라도 피고인은 F가 범행을 눈치챈 사실을 모르고, 스스로 양심의 가책을 느끼고 실행행위를 중지한 것이므로 형의 필요적 감면 사 유인 중지 미수에 해당한다.

(c)

The punishment of the court below (6 months of imprisonment, 2 years of suspended sentence) is too unreasonable.

2. Determination

A. The lower court acknowledged the facts as indicated in its reasoning regarding the Defendant’s assertion that the commission did not amount to the commencement of the commission, and, in light of the Defendant’s criminal action plan, there was an commencement of the commission by including the realistic risk from the implementation of the constituent requirements, at the time the Defendant was on the neck of F’s spoke, at the time the Defendant was on the neck of F

The recognition was recognized.

According to the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error in the misapprehension of legal principles as alleged by the defendant.

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

B. The following circumstances, which were acknowledged by the evidence duly adopted and examined by the lower court as to the assertion that the Defendant constitutes attempted suspension, namely, the Defendant went to the toilet following F, and thus, the Defendant did not take measures, such as leaving the toilet for drinking, but did not take measures, such as leaving the toilet for drinking prior to drinking, and instead did not take measures, such as leaving the toilet for drinking, and immediately leaving the toilet for drinking back the F, without taking measures, such as checking whether the Defendant was dynasing about committing the crime or drinking dynas.

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