(영문) 대구지방법원 2013.09.27 2013노1288 | 리걸엔진

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(영문) 대구지방법원 2013.09.27 2013노1288

마약류관리에관한법률위반(향정)

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

350,000 won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case, the Defendant was in a state of mental and physical disorder by taking medicine due to depression.

B. Each sentence (the first instance court: imprisonment with prison labor for one year, additional collection, and second instance court: imprisonment with prison labor for six months) imposed by each court below on the defendant is too unreasonable.

2. Determination

A. First of the judgment ex officio, this Court decided to jointly examine each appeal case against the first and second original judgments. The crime of the first and second original judgments against the defendant is one of the concurrent crimes under the former part of Article 37 of the Criminal Act, and the crime of the second original judgment is one of the concurrent crimes under Article 38(1) of the Criminal Act and must be sentenced to a single sentence within the scope of the term of punishment limited to a concurrent crime under Article 38(1) of the Criminal Act. In this regard, the first and second original judgments are all reversed.

However, in this case, the defendant's argument about mental disorder is still subject to the judgment of this court.

B. The Defendant alleged that the Defendant was in a mental and physical state by taking the drug from the depression at the time of the instant crime, and according to the record, the Defendant’s use of the drug from January 19, 201, such as shocking and shocking, etc., was recognized as having taken the drug from around 19, 201. However, the above fact alone is insufficient to recognize that the Defendant was in a state that he had no or weak ability to distinguish things or make decisions at the time of the instant crime by taking the drug. In light of the background, method, and the Defendant’s behavior before and after the instant crime, etc., there is no other evidence to prove otherwise, and in light of the circumstances and actions of the Defendant before and after the instant crime, it does not seem that the Defendant’s use of the drug at the time of the instant crime did not change things or did not have the ability to distinguish things or make decisions, and thus, the Defendant’s assertion is without merit.

3. Conclusion.

참조조문

-형법 제38조 제1항

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