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(영문) 창원지방법원 2018.12.13 2018노1865

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of committing each of the instant crimes, and was physically and mentally weak.

(b) Sentencing (no violation of self-denunciation, confession and reflectivity, nor risk of repeating a crime).

2. Determination

A. In full view of the details and methods of the instant crime, the details of the crime, and the conduct before and after the crime, which are acknowledged by evidence of determination as to the assertion of mental and physical disorder, the Defendant cannot be deemed to have reached the crime under the circumstances where the ability to discern things or make decisions is lost

We do not accept the Defendant’s assertion that the Defendant had a mental disorder at the time of the instant crime.

B. Even if the Defendant’s judgment on the unfair argument of sentencing considers the circumstances favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding the sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

We do not accept the Defendant’s assertion that the sentencing of the lower court is unfair.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.