logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.10.30 2014노4053
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

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

80,000 won shall be additionally collected from the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and an additional collection of 80,000 won) is too unreasonable.

2. The judgment has the criminal records of the Defendant, who was sentenced to suspended sentence for the previous year in 2008, and the Defendant did not know about the period of repeated crime due to this previous and previous crime, and the Defendant did not voluntarily surrenders to the police despite self-denunciation. However, the self-denunciation as referred to in Article 52(1) of the Criminal Act is established by reporting the criminal facts to an investigative agency voluntarily and declaring his/her intent to seek the prosecution. Even if a report is voluntarily made by an investigative agency, if the content of the report is a crime clearly denied, and it is true that the report does not meet the requirements for the establishment of the crime, the self-denunciation is not established, and as long as the number of persons was not established, even if the crime was committed during the subsequent investigation or trial, there is no room to establish a new number of persons. In full view of the fact that the Defendant denied the crime of this case at the early stage of the investigation, it cannot be viewed that the Defendant was guilty.

However, in light of the fact that the defendant led to the crime of this case while living in depth, there is no previous difference for about six years from the above previous and thereafter, up to the crime of this case, the defendant recommended F and B to voluntarily surrenders himself, and that he voluntarily surrenders himself, the public document that the defendant submitted to the court for cooperation in the investigation of several drug offenders in the name, the defendant has faithfully worked and supported his family, and the family members of his workplace and the defendant want to leave the place of the defendant's preference, it is recognized that the punishment of the court below is somewhat excessive.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

arrow