logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.06.14 2018노3717
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant administered philophones for the purpose of misunderstanding of facts and misunderstanding of legal principles for suicide, and this does not fall under “Medication” as prescribed by the Narcotics Control Act.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport as the above grounds for appeal even in the lower court’s determination of mistake of facts and misapprehension of legal doctrine.

On August 19, 2017, the following facts and circumstances acknowledged by evidence duly admitted and investigated by the lower court and the lower court, namely, ① the Defendant administered phiphones at his own house around 12:00 on August 19, 2017 at an investigative agency:

The Defendant sent F the N message “I am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am am a am am am am am am am am am am am

(2) The message sent to D or his family members suggesting suicide before the philophone medication.

There is no evidence to prove that the Defendant used the phone or used the phone, and ③ the Defendant stated that he separately stored the injection machine used at the time of medication in a white package to be used as evidence for suicide (in accordance with the investigation record No. 242 pages). According to the above statement, the Defendant appears to have been aware of the possibility of criminal punishment when the Defendant administered the injection for the purpose of suicide, and ④ multiple injection equipment at the toilet more than the garbage of the Defendant’s residence.

arrow