현주건조물방화등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
The court below erred by misapprehending the legal principles as to "the medication" under Article 60 (1) 2 of the Act on the Control of Narcotics, Etc., and sentenced the defendant not guilty on or around June 25, 2013. This is unfair.
The sentence of unfair sentencing (two years of imprisonment, four years of suspended execution) of the lower court is too uneasible and unfair.
The summary of the facts charged in this part of the judgment on the assertion of mistake of facts and misapprehension of legal principles was administered on June 25, 2013 by inserting approximately 1.85g of psychotropic drugs purchased from the person who was not the person handling narcotics on June 17, 2013 at the defendant's house located in G at the time of Mapo-si on June 25, 2013.
In light of the legislative purpose of the Act on the Control of Narcotics, etc., in order to prevent harm to public health due to the misuse or abuse of narcotics, etc., Article 60 (1) 2 of the Act on the Control of Narcotics, Etc. means only where they are used for the purpose of causing physical or mental dependence due to the misuse or abuse of psychotropic drugs.
However, comprehensively taking account of the following circumstances acknowledged by evidence, the Defendant appears to have put a large quantity of camblaps in order to commit suicide, and found the Defendant not guilty on the ground that the Defendant did not use a large quantity of camlaps for the purpose of committing suicide for the purpose of causing physical or mental dependence on the body or mental dependence caused by camlapers, and thus, it is difficult to view that the act of medication falls under the category of "pharmaceutical" under Article 60 (1) 2 of the Act on the Control of Narcotics, Etc., and there is no other evidence to acknowledge that the Defendant administered camlapers.
The defendant commits suicide consistently from investigative agencies to this court, and due to indeption in home.