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(영문) 수원지방법원 2016.03.11 2015노7076
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had mental and physical weakness due to depression at the time of committing the instant crime.

B. The punishment sentenced by the lower court (10 months of imprisonment, additional collection of 200,000 won) is too unreasonable.

2. Determination

A. Although the Defendant’s judgment on the assertion of mental and physical weakness is deemed to have been based on the past depression, etc., it was deemed that the Defendant had the ability to discern things or make decisions in light of the content of the crime and the overall circumstances before and after the crime.

Therefore, the defendant's above assertion is without merit.

B. There are extenuating circumstances, such as the Defendant’s acknowledgement of the instant crime and the reflection of the judgment on the wrongful assertion of sentencing.

However, considering the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, it cannot be said that the sentence imposed by the lower court is too unreasonable because the Defendant’s punishment is too unreasonable.

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. It is so decided as per Disposition.

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