(영문) 서울동부지방법원 2018.04.12 2018노43

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(영문) 서울동부지방법원 2018.04.12 2018노43

마약류관리에관한법률위반(향정)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that he was in a state of mental or physical loss or mental weakness due to mental illness at the time of committing the instant crime.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, additional collection of KRW 100,00,000, and 40 hours of orders to complete sexual assault treatment programs) is too unreasonable.

2. Determination

A. According to the record of the instant case’s assertion of mental disorder, even though the Defendant is deemed to have been receiving medical treatment with the awareness of his mental disorder, in light of all the circumstances such as the background, means and methods of the instant crime, and the Defendant’s act before and after the instant crime, the Defendant had no or weak ability to discern things due to mental disorder at the time of the instant crime.

It is not visible.

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

B. It is recognized that the Defendant’s confessions and reflects each of the instant crimes, and the Defendant is treating the Defendant with the awareness of his emotional disability.

However, the crime of this case is deemed to have been administered by the Defendant and committed a obscenity in a short state, and the nature of the crime is not very good in light of the type, mode, circumstances, etc. of the crime, and there are no special circumstances or changes in circumstances that may be newly considered after the sentence of the lower judgment, and all of the sentencing conditions of this case, including the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., should be taken into account.

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

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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