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(영문) 서울고등법원 2019.07.12 2019노1035

마약류관리에관한법률위반(향정)등

Text

The defendant's appeal is dismissed.

Reasons

The Defendant, at the time of committing the instant gas emission crime, had weak ability to discern things or make decisions due to the gal stability and excessive recovery.

The sentence of unfair sentencing (one year of imprisonment, additional collection 200,000 won) is too unreasonable.

Judgment

According to the record as to the claim of mental disability, the fact that the defendant satisfyed drugs at the time of the crime of gas emissions in this case is recognized.

However, the following circumstances acknowledged by the evidence adopted and examined by the court below, i.e., (i) there is no evidence to find that the defendant received a mental diagnosis due to mental illness; (ii) the defendant opened a valve for gas emissions and fixed a valve for continuous emission of gas as a tape; and (iii) the defendant notified the contractor of the fact of gas emissions by telephone; and (iv) in light of the circumstances surrounding the crime of this case, the method and method of the crime, and the conditions before and after the crime, etc., it does not seem that the defendant had a weak state of ability to discern things or make decisions due to excessive use of drugs at the time of the crime of gas emissions in this case.

The defendant's argument of mental disability is without merit.

The lower court on unreasonable sentencing: (a) under the circumstances unfavorable to the Defendant, the Defendant appears to have lived faithfully in the process of growing, i.e., (i) the Defendant’s life, body, or property of residents living in neighboring areas by opening urban gas valves at a multi-household, and (ii) the fact that the Defendant, despite the history of punishment for narcotics crimes, once again administered philophonephones, are recognized as all of his errors; and (iii) the Defendant is not guilty; (iv) there is no criminal conviction; and (v) there is no criminal conviction.