logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.05.28 2015노1017
마약류관리에관한법률위반(향정)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant suffered from mental illness, thereby reaching the crime of this case under the state of mental disability. 2) The lower court’s punishment (one year and two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and two months of imprisonment) of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records of the judgment on the defendant's claim of mental suffering, it is found that the defendant suffered from mental illness such as depression, etc., but this is insufficient to deem that the defendant reached the crime of this case in a state of mental suffering, and there is no other evidence to acknowledge this.

Therefore, the defendant's argument of mental disability is without merit.

B. The Defendant’s confessions the instant crime, and the Defendant suffers from mental illness, such as depression, is a favorable condition for the Defendant.

However, in light of the following facts: (a) the Defendant had the same history nine times; (b) the Defendant was released from prison after having been discharged from prison life; and (c) the Defendant caused the instant crime on eight days, and the addiction of narcotics and the harm caused by medication, etc., the crime related to narcotics need to be strictly punished and eradicated; (c) the lower court has already determined a punishment by fully taking into account the above circumstances; (d) there was no change in circumstances that may vary between the lower court and the sentence; and (e) the lower court has determined a punishment by fully taking into account other factors such as the Defendant’s age, character and behavior, intelligence and environment; and (e) the motive, means, results, and conditions after the instant crime.

Therefore, the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

3. The appeal by the prosecutor and the defendant is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow