(영문) 서울동부지방법원 2018.01.18 2017노1309

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(영문) 서울동부지방법원 2018.01.18 2017노1309

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, by misunderstanding of the legal principles, was in a state of mental or physical loss or mental weakness by administering mert capules at the time of committing the crime of larceny and violation of Road Traffic Act.

B. The sentence of the lower court (a year of imprisonment, an additional collection of KRW 100,00) is too unreasonable.

2. Determination

A. According to the evidence adopted and examined by the lower court on the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the fact that the Defendant was in a state of medication at the time of committing the crime of larceny and the violation of the Road Traffic Act may be acknowledged. However, in light of the background and method of the instant crime, the Defendant’s act and circumstance before and after the crime, etc., which may be recognized by the aforementioned evidence, was in a state of loss or lack of ability to distinguish things at the time of the crime.

shall not be deemed to exist.

B. In light of the fact that the Defendant committed the instant crime during the period of repeated offense, and all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sex, environment, etc., the sentence of the lower court is too unreasonable, considering the following: (a) the Defendant was divided into crimes; (b) the Defendant was in a state that the health of the Defendant was not good due to early illness; and (c) the stolen motor vehicle was returned to the victim; (d) the Defendant was sentenced to imprisonment for a year and six months due to a violation of the Narcotics Control Act; and (e) the Defendant committed the instant crime during the period of repeated offense

3. According to the 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 decided as per Disposition.

참조조문

-마약류 관리에 관한 법률

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