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(영문) 창원지방법원 2020.10.16 2020노1803
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which did not reduce the number of persons to the defendant is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, additional collection) is too unreasonable.

2. Determination

A. The phrase “a self-denunciation” under Article 52(1) of the Criminal Act that judged the misapprehension of the legal principle as to the assertion of the misapprehension of the legal principle refers to an expression of intent to voluntarily report the criminal facts to

(See Supreme Court Decision 98Do4560 delivered on April 13, 199, etc.). According to the records, the defendant's father and wife informed the defendant's father and wife of the fact that the defendant's father and wife reported about his crime on May 8, 2020 that in the course of counseling with the counselor, etc. of the specialized child protection agency, the defendant made a statement that the defendant had administered narcotics. On May 9, 2020, the police station made a statement that the defendant was the same as the defendant's administered narcotics, and the defendant was arrested on May 14, 2020 by a warrant of arrest issued accordingly. Accordingly, the defendant cannot be deemed to have voluntarily reported his crime, and therefore the defendant cannot be deemed to have voluntarily surrendered.

At the time of the investigation by the prosecution, the Defendant stated that “I recommended the number of children, but I did not make a decision in mind and did not take the number of people to the police.”

Although the defendant asserts that he/she should be mitigated in accordance with the self-denunciation because he/she reported his/her father and wife, he/she cannot be deemed to have reported his/her crime by having reported his/her family.

Therefore, Defendant’s assertion of legal principles is without merit.

Defendant voluntarily surrendered

However, the court is merely able to voluntarily reduce the self-denunciation for the self-denunciation, and the court did not reduce the self-denunciation.

(2) No person shall be deemed to be illegal

(See Supreme Court Decision 92Do962 delivered on August 14, 1992, etc.). B.

The defendant on the argument of unfair sentencing is often involved in drug-related crimes.

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