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(영문) 서울중앙지방법원 2016.07.21 2016노1473
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant had no or weak ability to discern things or make decisions due to depression, depression, etc.

B. The sentence of the lower court’s unfair sentencing (the imprisonment of 3 years and 6 months, confiscation, and collection KRW 400,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances: (a) the instant crime was committed over a long-term period; (b) the background leading up to the instant crime; (c) the details of the crime; and (d) the statement to an investigative agency; and (c) the records of the instant case, the Defendant had no or weak ability to discern things or make decisions due to mental or physical disorder at the time

shall not be deemed to exist.

Therefore, the defendant's mental disorder is not accepted.

B. The fact that there was a history of punishment seven times as to the wrongful argument of sentencing as to the same crime, the fact that the crime was committed during the repeated period due to the same crime, the amount of penphones handled by the defendant, the supply of cellphones for a long time to Q, the sentence imposed by the court below is within the scope of the recommended punishment in the sentencing guidelines (one year or five years or six months of imprisonment), there was no change in the sentencing conditions compared with the court below on the ground that new materials for sentencing have not been submitted in the trial, and in full view of the sentencing reasons stated in detail by the court below, the sentence of the court below was too excessive and exceeded the reasonable scope of the discretion.

shall not be deemed to exist.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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