logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.06.20 2018노521
마약류관리에관한법률위반(향정)등
Text

The judgment below

The remainder, other than the part relating to the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a year.

Reasons

1. Summary of grounds for appeal;

A. The defendant with mental disorder committed the crime of destroying the property of this case and obstructing the performance of official duties under the mental and physical loss or mental weakness, which were missing in a state of refund due to narcotics.

(b) Sentencing (the sentence of the lower court: Imprisonment with prison labor for a year and six months).

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment regarding the assertion of mental disorder.

For this reason, the court below, based on its stated reasoning, predicted that even though the defendant was in a state of mental or physical loss or mental weakness at the time of the above crime, even if he had predicted that he could cause violence to others or damage to property in a state of recovery due to the administration of philophones, he committed each of the above crimes after having caused mental or physical loss or mental weakness.

Since it is reasonable to see that Article 10(1) and (2) of the Criminal Act concerning mental disorder does not apply pursuant to Article 10(3) of the Criminal Act.

In light of the details and methods of the instant crime, the details of the crime, and the conduct before and after the crime, etc., it does not seem that the Defendant had reached the instant crime under the circumstances where the Defendant was unable to discern things or make decisions, or where he lost or weak capacity to make decisions.

Defendant’s assertion is without merit.

B. The lower court rendered a sentence by taking into account the following circumstances: (a) the Defendant had been punished several times as a drug crime; (b) the Defendant committed the instant crime at a disadvantage during the repeated crime period; (c) the Defendant recognized a mistake and reflects the Defendant; and (d) the agreement with the victimized police officers was reached with the victim police officers; and (b) other factors of sentencing as indicated in the instant records and arguments, including the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime; and (c) circumstances after the crime.

However, it is against the defendant's depth such as submitting a reflective document several times in the trial, and it is the victim of the crime of property damage in the trial of the party.

arrow