logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2013.05.30 2013노547
마약류관리에관한법률위반(향정)
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, first, the instant crime was committed in the state of mental disorder under the influence of alcohol by the Defendant. Second, the punishment of the lower judgment (two months of imprisonment, additional collection KRW 200,000) is too unreasonable.

B. The punishment of Defendant B (one year and six months of imprisonment, additional collection of KRW 600,00) of the lower judgment is too unreasonable.

C. The sentence of the lower judgment against the Defendant A by the Prosecutor is too unhued and unreasonable.

2. Determination on the grounds for appeal

A. According to the records on the Defendant’s mental and physical argument, the fact that the Defendant A was under the influence of alcohol at the time of delivery of the Meteptian citizen from the Defendant B is recognized, but at the time, the Defendant A’s speech and attitude, and the contents of conversation among the Defendants did not have the ability to discern things or make decisions.

Since it is not recognized that the defendant A was in a state or weak condition, the defendant A's assertion of mental disorder is without merit.

(2) Although Defendant A expressed his/her intent to refuse the allegation of unfair sentencing by the Defendant and prosecutor, Defendant A provided a Mepter for the fraud of Defendant A’s recovery, this led to the administration of Defendant A; Defendant A suffered from mental illness, such as yellow dust, etc.; Defendant A suffered from a mental disorder; Defendant A reflects his/her wrong; on the other hand, Defendant A had been punished twice for the same crime; Defendant A again committed the instant crime during the period during which the period of the suspension of the suspension of the suspension of the suspension of the suspension of the suspension of the suspension of the execution; Defendant A believed that the fact of medication would not be discovered even if there was a large quantity of medication; Defendant A believed that the fact of medication would not be discovered; Defendant A was investigated by an investigative agency to make a false statement and to force a false statement; other circumstances after committing the instant crime; the method and process of the instant crime; Defendant A’s age and character, and the character and conduct of the Defendant A.

arrow