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(영문) 서울고등법원 2014.08.13 2014노1525
강도상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. The Defendant purchased a Metepopic (hereinafter “philopon”) once and administered the Mepopic with a injection, and took a dangerous thing in the process of causing disturbance after getting in a taxi driven by the Victim F, and inflicted injury on the said victim.

The Defendant cited dangerous articles in the statement of grounds for appeal and stated that there was no assault against the Victim F. However, according to the evidence duly admitted and investigated by the lower court, the Defendant is guilty of this part of the crime.

In addition, while taking drugs as above, the taxi recklessly driven the taxi without the consent of the above victim, causing various property damage.

Considering the various circumstances revealed in the record, etc., it is difficult to view that the defendant was in a state where the defendant lacks the ability to discern things or make decisions due to mental illness, etc. at the time of the crime of this case.

It is not appropriate to apply the mental and physical disorder prescribed in the Criminal Act as long as the defendant administers philophones by himself and causes a physical condition thereby.

In light of the detailed contents and circumstances of all crimes, methods and results of crimes, etc., the nature of crimes of defendants is serious.

The Defendant was sentenced to three years of imprisonment in 2005 for a crime related to narcotics, and the Defendant was sentenced to one year of imprisonment in 2001 for a crime that was committed in the course of driving a motor vehicle while driving the motor vehicle in a state of administration of a phiphone and escaped.

Even though there has been the history of receiving it, the crime related to philophones has been committed.

It is necessary to strictly eradicate narcotics crimes that are likely to cause serious harm and adverse effects on society as a whole.

Furthermore, the defendant has committed a second offense while he administered philophones.

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