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(영문) 대구지방법원 2016.09.02 2016노2711
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to commit suicide, the Defendant’s act of mistake refers to 0.03 g of a philophone in order to commit suicide, and thus, the Defendant’s act cannot be deemed as “the administration” of a philophone under the Narcotics Control Act.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of misunderstanding of facts: (i) the defendant made a statement that her child-friendly L was silent at the time when the investigation agency was investigated; (ii) the defendant did not mention at all the fact that her phone or large amount of exemption was taken for suicide; and (iii) the defendant did not want to commit suicide by means of taking her phone despite following the defendant's assertion, but did not want to commit suicide by taking her phone, and (iv) the defendant did not have any error in the law by taking into account the fact that her phone was administered, and that the defendant did not lose mind, and that the defendant did not receive any special medical treatment from the hospital after administering her phone, and that the defendant did not have any error in the law by taking into account the fact that "the defendant did not immediately receive any special treatment from the police station on March 14, 2016."

Therefore, the defendant's assertion of mistake.

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