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(영문) 대구지방법원 2015.11.27 2015노4001
마약류관리에관한법률위반(향정)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

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

2. Determination

A. According to the records of this case as to the assertion of mental disorder, it is acknowledged that the Defendant had been diagnosed (presumed) of “the mental and behavioral disorder by the use of other interesting agents, including carpets, re-sulopic depressions, and WIG disorders” before the crime of this case, but in light of all the circumstances, such as the background of each crime of this case, the method and method of the crime, and the Defendant’s act before and after the crime of this case, it does not appear that the Defendant did not have or had weak ability to discern things due to the above mental disorder at the time of the crime of this case.

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

B. Considering the addiction of narcotics and the harm from administration of narcotics, etc. in light of the judgment on the assertion of unfair sentencing, it is necessary to strictly punish and eradicate narcotics crimes. In particular, the Defendant was sentenced to imprisonment with prison labor for the same kind of crime eight times, and the Defendant committed the instant crime even after the completion of the enforcement of the sentence on September 6, 2013. After the Defendant committed the instant crime, he was arrested by a police officer who was called out of the Defendant’s residence without having taken away from the Defendant’s residence, and the circumstances after the instant crime were not good. However, there were extenuating circumstances such as that the Defendant reflects the wrong while making a confession of the instant crime, and that the Defendant’s health conditions are not good due to a single medication, a mental disease, etc., as well as that the mother, which the Defendant was born, is also under financial circumstances, and is also under the same kind of and similar to the similar case.

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