마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant had weak ability to discern things or make decisions due to mental illness such as depression, depression, etc.
B. The punishment sentenced by the lower court (one year and six months of imprisonment, additional collection of KRW 650,00) is excessively unreasonable.
2. Determination
A. It is recognized that the defendant has long been receiving a mental and medical treatment as a result of a long-term depression and depression.
However, in light of various circumstances, such as the process, means, method, and Defendant’s behavior before and after the commission of each of the instant crimes, which were duly adopted and examined by the lower court, it does not seem that the Defendant did not have the ability to discern things or make decisions due to such disorder or depression at the time of each of the instant crimes. Therefore, this part of the Defendant’s assertion is without merit.
B. Determination of the unfair assertion of sentencing is a favorable circumstance for the Defendant, such as the fact that the Defendant led to the confession and reflects in depth of the instant crime, the family members to support, the depression, etc. are not good, and the fact that the Defendant appears to have cooperated with the arrest of the narcotics offender.
On the other hand, the defendant not only has been punished twice due to the same crime, but also committed each of the crimes of this case without being aware of it during the suspension period of execution due to the same crime, and the responsibility for the crime was grave, and repeated phiphones have been administered seven times in a short period of three months, but also the fact that the crime is extremely poor and has a sexual intercourse with women in the face of exchange, etc. are disadvantageous to the defendant.
In addition, the Criminal Act, such as the defendant's age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, as shown in the argument of this case.