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(영문) 수원지방법원 2013.12.12 2013노4965
마약류관리에관한법률위반(향정)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was in the state of mental disorder or mental disability due to the decilation caused by philophone medication at the time of committing the instant larceny. (2) In light of the various sentencing conditions of the instant case on unreasonable sentencing, the lower court’s punishment (one hundred months of imprisonment and additional collection) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. According to the records on the Defendant’s assertion of mental and physical disorder, it is recognized that the Defendant stated that he administered a phiphone at the time of committing the larceny of this case at an investigative agency, but in full view of the Defendant’s behavior before and after committing the thief of this case, the Defendant’s statement contents and attitude at the investigative agency and the court of original instance, and the degree of memory of the crime, etc., it cannot be deemed that the Defendant’s ability to discern things or make decisions due to the phiphone medication at the time of committing the thief of this case was lost or weak.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant’s confession and reflects the instant crime, and the release of a sentence for narcotics-related crimes after being sentenced to imprisonment, the Defendant did not commit the same kind of crime for a considerable period of time, and the agreement with the victim of the larceny is favorable to the Defendant

However, in full view of all the sentencing conditions including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the sentence determined by the lower court is deemed to be adequate, too heavy or unreasonable, in view of the fact that the administration of narcotics causes serious harm to the society and the state’s soundness due to its toxicity, and the Defendant’s need to be isolated from society for a certain period of time and have an accommodation period.

3. Conclusion, the defendant and the prosecutor.

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