(영문) 부산지방법원 2015.01.22 2014노4196 | 리걸엔진

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(영문) 부산지방법원 2015.01.22 2014노4196

마약류관리에관한법률위반(향정)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol at the time of the instant crime, and was in the state of mental disability, and the sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of all the circumstances, such as the means and method of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, etc., the fact that the Defendant was under the influence of alcohol at the time of the instant crime seems to have not been in the state of lacking the ability to discern things or make decisions.

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

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant appears to have led to the confession of all the instant crimes, the frequency of medication is only one time, and the Defendant surrenders himself/herself, etc. The circumstances favorable to the Defendant. The Defendant’s history of criminal punishment by committing the same kind of crime is 14 times or more, and in particular, the Defendant committed the instant crime again during the period of repeated offense is disadvantageous to the Defendant.

In full view of the equity in sentencing with cases similar to those above, and other factors that are conditions for sentencing, such as Defendant’s age, character and conduct, motive, means and method of the instant crime, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

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

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

참조조문

-형사소송법 제364조 제4항

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