(영문) 창원지방법원 2017.01.25 2016노3237 | 리걸엔진

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(영문) 창원지방법원 2017.01.25 2016노3237

마약류관리에관한법률위반(향정)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing each of the instant crimes.

B. The punishment sentenced by the lower court (one hundred months of imprisonment, additional collection of KRW 600,00) is too unreasonable.

2. Determination

A. In light of various circumstances, such as the background of each of the instant crimes committed by the evidence duly adopted and examined by the lower court, the conduct before and after the commission of the crime, and the means and method of the crime, etc., the Defendant had no or weak ability to discern things at the time of each of the instant crimes.

shall not be deemed to exist.

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

B. A favorable condition is that the Defendant recognized all of the crimes of this case, thereby infringing on the depth of the mistake; the Defendant voluntarily surrendered to the investigative agency after committing the crime of medication of each Mept 689 of the 2016 Highest 689 cases in the judgment below; and the Defendant did not have any record of punishment exceeding the same criminal record or fine.

However, each of the crimes of this case was committed by the Defendant, even though the Defendant is not a narcotics handler, and the nature of the crime is not good. The Defendant, among the trials of the case No. 689 of the High Court Decision 2016 which held in the lower judgment, does not appear on the sentencing date and runs away, and the Defendant committed each of the crimes of phiphones in the case No. 2016 of the High Court Decision 2016 which held in the lower judgment.

In addition, it is necessary to strictly punish narcotics-related crimes because they are highly malicious to their society and the risk of recidivism.

In addition to the above circumstances, given the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, various sentencing conditions as shown in the instant records and arguments, including the following circumstances, the lower court’s judgment exceeded or exceeds the reasonable bounds of discretion.

유사 판례

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