(영문) 의정부지방법원 2016.01.28 2015노2990

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(영문) 의정부지방법원 2016.01.28 2015노2990

마약류관리에관한법률위반(대마)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things and make decisions.

B. The sentence of the lower court that is unfair in sentencing (five months of imprisonment, additional collection of KRW 150,00) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is recognized that the defendant had drinking alcohol at the time of the crime of this case, but in light of the circumstances leading to the crime of this case, the method and method of the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things or make decisions. Thus, the above assertion by the defendant is without merit.

B. Determination 1 on the wrongful argument of sentencing is recognized as follows: (a) the Defendant led to confession and reflects each of the instant crimes; and (b) the Defendant has no record of the same kind of crime.

2) However, in full view of the following: (a) the Defendant had a history of criminal punishment several times including eight times of punishment; (b) the Defendant committed the instant crime during the period of repeated crime after being sentenced to imprisonment with prison labor for a year and two months on March 20, 2013; (c) the Defendant committed the instant crime after being sentenced to imprisonment with prison labor for a special larceny on March 20, 2013; (d) there are no extenuating circumstances or changes in circumstances that may be newly considered for the Defendant after the lower judgment was sentenced; and (e) the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime; (e) the motive and circumstance leading to the instant crime; and (e) other all other factors of sentencing

3) Therefore, the defendant's above assertion is without merit.

3. In 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.

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