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(영문) 대구지방법원 2015.04.10 2015노425
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

A seized kitchen shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder (related to a crime of intimidation carried with a deadly weapon) was drunk at the time of committing a crime of intimidation with a deadly weapon, and was in a state of mental disorder.

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

2. Determination

A. According to the record on the argument of mental and physical disability, the defendant's assertion of mental and physical disability is not accepted as the defendant's assertion of mental and physical disability since he/she is found to have a drinking alcohol at the time of committing a crime of intimidation carrying a deadly weapon, but it cannot be seen that the defendant lacks the ability to discern things

B. The crime of medication of the instant Mebacule (hereinafter referred to as “philopon”) requires strict punishment in light of the addiction of philopon and the harm caused by the medication. While the crime of intimidation carrying a deadly weapon in this case is under the unfavorable circumstances such as the Defendant’s motive for the crime, preparation of deadly weapons, and the attitude of the crime, etc., the crime is not good, in light of the Defendant’s motive for the crime, the crime of intimidation carrying a deadly weapon in this case. Meanwhile, the Defendant reflects the Defendant’s mistake while leading up to the crime in this case; there was no record of criminal conviction and punishment exceeding the fine; the Defendant administered the Melopon by drinking means other than the blood transfusion; the victim’s H and the Defendant agreed to do so; the scope of the recommended sentencing guidelines for each of the crimes in this case [each basic crime: the simple possession of the drug crime in this case.]

Title, medication) and recommendation type of each basic crime (basic sphere): 10 months of imprisonment with prison labor to 2 years; 4 types of violent crime group; recommendation type of concurrent crime (special intimidation - recommendation type): Imprisonment with prison labor to 4 months; 1 year; 2 years from 10 months to 3 years; 3 years from 4 months); and the scope of final recommendation type due to the aggravation of multiple crimes: the age, character, and environment of the defendant;

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