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(영문) 인천지방법원 2020.02.06 2019노3168

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not administer narcotics or possess narcotics as stated in the facts charged.

B. At the time of the instant case, the Defendant was in a state of mental or physical disability, such as mental or physical disability, due to the cerebral typhism.

C. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, and collection) is excessively unreasonable.

2. The lower court determined that comprehensively taking account of the following circumstances: (a) the Defendant’s occurrence of a traffic accident while driving a B car; (b) the Defendant was found to have four single-copon components from the Defendant’s shop located in the vehicle immediately after the accident; (c) the Defendant’s statement and the record of the Defendant’s vehicle, CCTV card, image card, etc., was observed by the Defendant himself; and (b) the Defendant: (c) on December 16, 2017, her sirened the said vehicle; and (d) on December 29, 2017, the Defendant continued to drive the said vehicle to enter the expressway at Incheon, and continued to drive the said vehicle on the expressway until the occurrence of the said traffic accident; and (c) on January 3, 2018, the Defendant’s statement and the record of the Defendant’s vehicle operation; and (d) the date and time recognized by the Prosecutor to have been administered, each of the Defendant’s receipt and evidence admitted to have been administered.

In light of the evidence duly admitted and examined by the court below, the judgment of the court below is justified, and the defendant's assertion of mistake is without merit.

3. According to the record of determination on the assertion of mental and physical disability, the Defendant continuously receives outpatient treatment from a hospital on the grounds of nOS, high blood pressure, and non-explosion from December 15, 2017, and continues to undergo outpatient treatment.