(영문) 창원지방법원 2014.10.29 2014노1456 | 리걸엔진

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(영문) 창원지방법원 2014.10.29 2014노1456

마약류관리에관한법률위반(향정)

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for nine months;

3. 33,33 won shall be collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and thus, the Defendant’s punishment should be mitigated or exempted.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, additional collection of KRW 333,33) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, although the defendant could have the ability to discern things or make decisions at the time of committing the instant crime, in light of various circumstances, such as the background of the instant crime, the conduct before and after the instant crime, and the means and method of committing the instant crime, which are duly adopted and investigated by the court below, the fact alone did not have the ability to discern things at the time of committing the instant crime.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. The instant crime of determining unfair sentencing is an unfavorable circumstance, such as the Defendant’s delivery of psychotropic drugs to another person without compensation. The Defendant committed the instant crime during the period of repeated offense, and the Defendant’s dissemination to another person. As such, the quality of the instant crime was bad, and the Defendant committed a violation of discipline, such as punishment of fighting with another prisoner, while detained in the instant crime, and the circumstances after the instant crime are not good.

However, it is recognized that the defendant has recognized all of the crimes of this case and reflects them, that the defendant has the time to live in prison for about 6 months, and that the defendant has no record of punishment for the same kind of crime before about 20 years, if he excludes those who have been punished for the same crime, he/she has no record of punishment for the crime related to narcotics, etc. The defendant's age, character and behavior, health conditions, environment, circumstances and means and results of the crime, after which he/she committed the crime.

유사 판례

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