logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.04.12 2017노3717
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from mental illness for more than 30 years, and each of the instant crimes was committed under a state of mental and physical weakness with such mental problems and mental weakness.

B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the background and method of the instant crime, the content of the instant crime, and the conduct before and after the instant crime, the Defendant has previously been imprisoned with mental and physical weakness.

Even if there is no or weak ability to distinguish things, it does not seem to have reached the crime of this case under the lack of capacity or decision-making capacity.

B. That the Defendant was not reflected in the sentencing of the lower court on the grounds that the Defendant rendered a judgment on the unfair argument of sentencing.

The argument is asserted.

However, upon examining the records of trial, the defendant has been in cooperation with any investigation.

There is no evidence to see.

The defendant was found to have received a merptist from E in the investigative agency.

While the storage in his/her mobile phone was stated as E's phone number (the Defendant first stated that the cell phone address record was deleted, and that E's contact number was collected, but the investigator stated as above when he/she sought E's phone number from the Defendant's mobile phone). However, it is difficult to view that it was a case where the relevant person was discovered in a specific and accurate fact with respect to narcotics crime and contributed to the investigation to the extent that it is possible to file a criminal prosecution or file a criminal lawsuit.

As stated in its holding, it is appropriate for the court below to sentence the defendant to imprisonment with prison labor for a year and two months, considering the various circumstances favorable or unfavorable to the defendant, and it does not seem too heavy as the defendant claims.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow