logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.02.09 2016노3506
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and physically in a state of mental weakness due to the injury, etc.

B. The sentence sentenced by the lower court to the Defendant (a year and six months of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. According to the written diagnosis of judgment on the assertion of mental and physical weakness, it is not deemed that the Defendant lacks the ability to discern things or make decisions due to the current injury, etc. at the time of the instant crime, in light of various circumstances, including the circumstance, means, Defendant’s behavior before and after the instant crime recognized by the record, and the Defendant’s statement at the investigative agency to some extent.

Therefore, this part of the defendant's argument is without merit.

B. The fact that the Defendant’s judgment on the unfair argument of sentencing reflects his fault is favorable to the Defendant.

However, in light of the following factors: (a) narcotics-related crimes have a high possibility of avoiding the mind and body of an individual due to their declimatic, toxicity, and radio wave; (b) there is a high possibility that they may have a serious adverse impact on society as a whole, such as harming public health; (c) the Defendant again committed each of the instant crimes despite having been punished several times of the same kind of crimes; and (d) other factors of sentencing stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, conduct, environment, motive, means and consequence of the crime; and (e) the circumstances before and after the crime, etc., it is deemed that the sentence of the lower court against the Defendant is too too unreasonable, and thus, the Defendant’

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered as per Disposition.

arrow