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(영문) 인천지방법원 2014.09.04 2014노2385
마약류관리에관한법률위반(대마)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. The Defendant committed the instant crime under the influence of alcohol and without a mental disorder. As such, at the time of the instant crime, the Defendant was in the state of mental disorder or mental disorder.

2. Determination

A. Although the Defendant led to the determination of unfair sentencing in light of the following: (a) although the Defendant made a confession of an offense; (b) the Defendant had three times the history of punishment for the same offense; (c) re-offending even during the period of repeated offense due to the previous and previous offense; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, motive for the instant offense, and circumstances after the instant offense, the lower court’s sentence

B. According to the evidence duly admitted and examined by the court below, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstance leading to the crime of this case, the means and methods of the crime, and the circumstances before and after the crime.

Although it seems that there was a weak or weak state, there is no evidence to deem that the defendant had a mental disorder due to mental disorder, etc.

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 since it is without merit. It is so decided as per Disposition.

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