마약류관리에관한법률위반(향정)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
30,000 won shall be additionally collected from the defendant.
1. Summary of grounds for appeal;
A. Mental and physical disorder (the part concerning interference with business, damage to property, forgery of a private signature, and the use of a private signature) was in the state of mental disorder or mental disability due to the crime of interference with business of this case, damage to property, forgery of private signature, and the use of a private signature or signature at the time of committing the crime of obstruction of
B. The lower court’s sentence (one hundred months of imprisonment and additional collection) declared by itself is too unreasonable.
2. Determination
A. In full view of the facts revealed in the records and arguments of this case as to the assertion of mental disorder, the fact that the defendant was drunk at the time of each of the above crimes is recognized, but in light of various circumstances such as the course, process, means and method of each of the above crimes, and the defendant's speech and behavior before and after the crime, the defendant did not have the ability to discern things or make decisions.
Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.
B. Even though the defendant was punished several times as a crime of phiphone medication, the fact that the defendant again committed the instant phiphone medication is a condition for sentencing disadvantageous to the defendant.
However, in full view of all the circumstances that form the conditions for the sentencing of the instant case, such as the fact that the Defendant committed a mistake and cooperation in the investigation of the arrest of a narcotic offender while intending to block the narcotics, the sentence imposed by the lower court is too unreasonable.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
[Discied Judgment] Criminal facts and summary of evidence recognized by the court are all the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;