(영문) 대구지방법원 2016.01.22 2015노4054 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.01.22 2015노4054

마약류관리에관한법률위반(향정)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In light of the addiction of narcotics and the harm caused by medication, etc., there is a need to strictly punish and eradicate narcotics offenses. The Defendant has been sentenced to several criminal punishment for the same kind of crime on May 30, 2014 and has committed the instant crime even during the repeated crime period after having been sentenced to imprisonment for the same kind of crime on May 30, 2014. However, there are unfavorable circumstances such as the fact that the Defendant committed the instant crime even during the repeated crime. Meanwhile, the Defendant is resisting the Defendant’s wrong act while confessioning the instant crime. Meanwhile, the Defendant was arrested to the police officer who was dispatched with the information of his spouse in de facto marital relation directly and voluntarily accompanied the instant crime at the request of voluntary accompanying. The Defendant appears to have expressed his intention to actively respond to the instant crime, such as informing him of his intention to treat narcotics addiction, and it appears that there is no good health situation such as receiving emergency surgery prior to the arrest of the instant crime, and that there is an unreasonable motive for the Defendant’s family to support the Defendant’s own life and condition after the instant crime.

3. In conclusion, 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 with merit, and the judgment below is reversed and it is again decided as follows

Criminal facts

Article 369 of the Criminal Procedure Act applies to the facts constituting a crime and the summary of the evidence recognized by the court as stated in the corresponding column of the judgment below.

유사 판례

-대구지방법원 2016.03.25 2016노122

-대구지방법원 2016.01.08 2015노4131

-대구지방법원 2016.02.05 2015노5136

-대구지방법원 2015.11.13 2015노3717

-대구지방법원 2015.06.19 2015노1665