마약류관리에관한법률위반(향정)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant had mental illness at the time of each of the instant crimes, as well as mental and physical loss or mental weakness under the influence of alcohol.
B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the records of the judgment on the assertion of mental disorder, although the defendant was under the influence of alcohol at the time of each of the instant crimes, he was deemed to have been under the influence of alcohol for a considerable period prior to each of the instant crimes, in light of all the circumstances such as the background, means and methods of each of the instant crimes, the defendant’s behavior before and after the instant crimes, etc., the defendant had no or weak ability to discern things due to mental illness or alcohol at the time of each of the instant crimes.
It is not visible.
Therefore, the defendant's mental disorder is without merit.
B. The fact that the defendant made a confession of each of the crimes in this case and made a mistake contrary to the mistake (the crime of purchasing phiphones among each of the crimes in this case was led to the conviction of the party); that the amount of philophones handled by the defendant is not large; that the defendant seems to be in a state of health with a mental and physical disability and to be in an economically difficult situation; that the defendant should support her mother-child; that the defendant must support her mother-child; that the mother-child and her father appeal against the defendant's wife, etc. are favorable circumstances.
However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, the crime of narcotics need to be strictly punished and eradicated. This case is that the defendant has purchased phiphones once, purchased phiphones once, and the nature of the crime is not good, the defendant's crime of joint purchase of phiphones spreads to the surrounding people, which is more likely to be criticized.