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(영문) 대구지방법원 2020.04.22 2019노4706
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case with mental disorder is a crime committed by the defendant in a state of mental disorder due to mental disorder, such as mental disorder, depression, and depression disorder caused by the use of pharmaceutical products for narcotics.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental disorder, it is recognized that the defendant received treatment due to disease, such as a detailed unidentified personality disorder, mental disorder caused by interesting agents, emulsive disorder, alcohol abuse, and sulfur disorder, etc., but it does not seem that the defendant lacks the ability to discern water or make decisions due to mental illness, etc. at the time of committing the crime of this case in light of all the circumstances, including the background, means and methods of the crime of this case, and the defendant's behavior before and after the crime of this case.

Therefore, the defendant's mental disorder is without merit.

B. Although there are favorable circumstances such as the Defendant’s confession of the crime of this case in which he made a confession of the crime of this case and reflects the mistake, that the amount of the penphone handled by the Defendant is not much high, that the Defendant suffers from severe depression, that the Defendant’s health is not good, and that the Defendant’s attempt to commit suicide in the detention house after being detained due to the crime of this case was prevented, etc. However, there is a need to strictly punish and eradicate the crime of narcotics in light of the addiction of narcotics and personal and social harm caused by medication of narcotics, etc. In particular, the crime of this case was administered to the minor who is mere 17 years old, and thus, there is a high possibility of criticism, and the Defendant committed the crime of this case without being aware of the fact that he was during the period of repeated crime due to the same crime, and that he committed the crime of this case without being aware of the fact that he was during the period of repeated crime due to the same crime.

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