(영문) 인천지방법원 2001.06.14 2001노272 | 리걸엔진

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(영문) 인천지방법원 2001.06.14 2001노272

마약류관리에관한법률위반(향정)

Text

The judgment below

The part concerning the crime No. 3 of the judgment shall be reversed.

The crime of Article 3 of the judgment of the court below is committed.

Reasons

1. Summary of grounds for appeal;

A. Although the knife the knife among the crimes of paragraph (3) of the judgment of the court below, the knife did not knife the body of the victim, but was in the mental and physical condition at the time of the crime.

B. In light of the fact that it is against the depth, each sentence of the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant committed the crime as set forth in Paragraph 3 of the judgment below with a knife, while carrying a knife, which is a dangerous object in conjunction with C. Thus, it does not depend on the sex of the above crime, not on whether the defendant has knife so that knife is knife on the part of the victim's clothes, but it does not seem that the expression "fnife" as stated in the judgment of the court below has reached the above meaning

However, in full view of the above evidence and the statement of the victim's written application submitted in this court, it is recognized that the defendant had weak ability or decision-making ability to discern things under the influence of alcohol at the time of the above crime, and therefore, the appeal against the crime No. 3 of the decision of the court below is justified within this scope.

B. Meanwhile, even if examining all the materials, including health care, the Defendant’s history of the same kind of crime, the volume of Mestopians handled by the Defendant through the purchase, sale, administration, etc., and the method of the crime, etc., the lower court’s punishment cannot be deemed unfair, and rather, the lower court is deemed to have determined a sentence by taking into account the entire sentence, including the crime No. 3.

3. Therefore, under Article 364(6) of the Criminal Procedure Act, the part concerning the crime No. 3 in the decision of the court below is reversed, and the defendant's appeal against the crime No. 1 and No. 2 in the decision of the court below is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, but the number of days of detention per instance prior to the decision of the

참조조문

-형사소송법 제364조 제4항

-형사소송법 제364조 제6항

유사 판례

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