(영문) 창원지방법원 2014.07.23 2014노1171 | 리걸엔진

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(영문) 창원지방법원 2014.07.23 2014노1171

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

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 on the Defendant (one year and two months of imprisonment, confiscation, and additional collection KRW 100,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the fact that the defendant has a mental illness, such as satisfe and saturfy.

However, in full view of the circumstances leading up to the instant crime and the circumstances after the crime, the Defendant did not have the ability or ability to make a decision to discern things due to the foregoing mental illness at the time of the instant crime.

It does not seem to be in a state or weak.

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

B. As to the assertion of unfair sentencing, the Defendant recognized the instant crime and reflected the mistake, cooperation in the investigation of other narcotics-related cases, and the Defendant’s mental illness is favorable to the Defendant.

However, the Defendant had been punished for the same kind of crime in the past, and on May 1, 2013, sentenced to one year to imprisonment for a violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users, etc. at the Changwon District Court on October 21, 2013, and committed the instant crime in spite of the fact that the execution of the sentence was completed during the repeated period, and even if it was in the repeated period, the Defendant committed the instant crime. The result of the application of the sentencing guidelines by the Sentencing Commission [the scope of recommending punishment: between October and two years] of the Defendant’s age, character and behavior, environment, motive and means of the crime, and circumstances after the crime, etc., as well as other various circumstances that form the conditions for the sentencing specified in the instant records and arguments, it cannot be deemed that the Defendant’s sentence is too unjustifiable

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

3. Conclusion.

유사 판례

-창원지방법원 2013.05.10 2013노417

-창원지방법원 2013.09.27 2013노1100

-인천지방법원 2013.07.19 2013노1480

-인천지방법원 2013.07.12 2013노1490

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