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(영문) 울산지방법원 2016.06.03 2016노488
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles are erroneous in the misunderstanding of legal principles in the court below's decision that did not reduce self-denunciation despite the defendant's acceptance by an investigative agency as to the crime of this case.

B. The punishment of the lower court (one year of imprisonment, confiscation, and collection KRW 100,00) is too unreasonable.

2. Determination

A. Judgment on the argument of misunderstanding the legal principles 1) The phrase "a self-denunciation" under Article 52 (1) of the Criminal Act means that a criminal voluntarily reported his/her criminal facts to an investigation agency and the main reason for the reduction of punishment is that the criminal is divided into crimes. Thus, the appearance of the crime cannot be deemed as a true person who is a legal reason for the reduction of punishment even if he/she surrenders himself/herself (see Supreme Court Decision 94Do2130, Oct. 14, 1994, etc.). In addition, even if a defendant voluntarily surrenders himself/herself, the court may voluntarily reduce the punishment for the self-denunciation, and it cannot be deemed unlawful since the court below failed to reduce the number of self-denunciation or to make a decision on the self-denunciation claim (see Supreme Court Decision 201Do12041, Dec. 22, 201). In light of the above legal principles, the court below's adoption of the evidence as to the case was lawfully adopted by the police officer.

It is nothing more than that of cross-standing and it is difficult to regard it as a true self-denunciation who has committed an offense, and even if it is possible to evaluate the defendant's act as a self-denunciation.

Even if the first instance court did not consider the number of the defendant who was merely a reason for voluntary mitigation of punishment as a reason for mitigation of punishment, there is an error of law by misunderstanding the legal principles in the judgment below

shall not be deemed to exist.

Therefore, it is true.

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