(영문) 대전지방법원 2015.05.08 2014노3922 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2015.05.08 2014노3922

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from a mental disorder in the third degree of disability who suffered from a mental disorder, was in a state of mental disability with mental disability.

B. The lower court’s sentencing of an unreasonable sentencing (a fine of eight million won) is too unreasonable.

2. Determination

A. The record on the assertion of mental disorder reveals that the defendant is a disabled person of the third degree disability who suffers from mental disorder, but considering the background of the crime in this case, the method and method of the crime, and the defendant's actions before and after the crime, it cannot be deemed that the defendant had the weak ability to discern things or make decisions at the time of the crime in this case.

B. As to the assertion on unfair sentencing, there are extenuating circumstances such as the confession and rebuttal of the instant crime, the Defendant’s health status at class 3 with the disability grade, and the need to look at the children in the state of plants at class 1 with the disability grade. On the other hand, narcotics-related crimes are likely to cause social harm and harm and risk of recidivism, and thus, the Defendant needs to strictly punish the Defendant. In light of the fact that the Defendant had committed the instant crime before and during the period of multiple previous crimes and punishment, and the Defendant committed the instant crime during the repeated crime, it is inevitable to sentence a sentence of punishment without undermining the Defendant’s responsibility.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, living environment, motive, details and consequence of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition.

참조조문

-형사소송법 제364조 제4항

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