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(영문) 창원지방법원 2017.12.13 2017노2053

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, due to mental illness, has recovered from a mental and physical disorder for more than 10 years. At the time of the instant case, the Defendant committed each of the instant crimes under the state of mental and physical weakness or loss of mental and physical health by taking narcotics as medication.

B. Sentencing

2. Determination

A. As to the assertion of mental disorder, in full view of the background and method of the crime of administration of phiphonephones in this case, the contents of the crime, and the conduct before and after the crime, the Defendant has previously taken a mental disorder.

Even if there is no or weak ability to distinguish objects from objects or make decisions, it does not seem to have reached the crime of medication of phiphones.

However, after about 17 hours from the time when the defendant administered 0.03 gopon to arms, the defendant invadedd the victim's residence, and the defendant invadedd the victim's room in order to obtain food and water.

At the time of intrusion, the Defendant stated that he was exempted from the toilet even after he was involved in the police, and he reported both horses only without any justifiable reason, and embling vinyl for packaging without any particular reason, and even after he was involved in the police.

In light of the method of crime, the contents of the crime, and the conduct before and after the commission of the crime, such as the statement and ruplication, the physical and mental weakness was found to have been caused by the philophone medication at the time of the crime of intrusion into the room.

may be appointed by a person.

However, since the defendant had been punished twice in the previous administration of philophones, he could prevent the crime if he administered philophones, since he was punished twice by the robbery, injury, etc. and the crime of attempted fire prevention of existing buildings.

However, since it seems that the above mental and physical state was sufficiently predicted, the provision for mitigation of mental and physical weakness pursuant to Article 10(3) of the Criminal Act shall not apply.

This part of the defendant's assertion is not accepted.

B. Regarding the unfair argument of sentencing