beta
Text
The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misapprehension of legal principles (Article 1 of the Decree) did not have the criminal intent to administer phiphones at the time, and the Defendant did not have any criminal intent to administer phiphones at the time. In order for G to make the sentencing data for male-child R which is under detention due to narcotics crimes, the Defendant planned access to the investigation agency with a view to making the sentencing data for male-child R, and was unable to make a normal judgment by allowing the Defendant to take the phiphones, and thereafter, the Defendant was found to have administered phiphones, and thus, the prosecution procedure is unlawful.
B. Mental and physical disorder (Article 2 and Paragraph 3 of the Decree) was not caused by an illegal naval investigation as above, and the Defendant committed an offense described in Article 2 and Paragraph 3 of the facts charged in a state of decilation by medication of philophones. Thus, at the time, the Defendant was in the state
C. The sentence imposed by the lower court on the Defendant (one year of imprisonment, additional collection KRW 100,00) is too unreasonable.
2. Determination
A. The gist of this part of the facts charged is that the Defendant is not a person handling narcotics, but the Defendant, at around 01:00 on January 15, 2016, 201, administered in a manner of injecting water in a single-use injection device that contains the volume of philophones in an unfolded c and 501, which is administered in a way of injection into the left side bloodline after dilution. 2) The judgment of the lower court was based on the following methods: (a) with respect to a person who does not have the original criminal intent, by means of alcohol or attack, etc., by the investigative agency, causing the criminal intent; and (b) a naval investigation that arrests the criminal is unlawful.
Therefore, it should be determined by considering the type and nature of the crime in question, the status and role of the inducer, the details and method of the inducer, the response of the inducer, the history of the punishment of the inducer, and the illegality of the inducer's act itself in a specific case.
The inducer who is directly related to the investigation agency shall be the person who is induced.