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(영문) 창원지방법원 2013.09.27 2013노1100
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 of imprisonment (ten months of imprisonment) imposed by the court below on the defendant 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 a sustainable disorder, is recognized.

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 circumstances favorable to the defendant are that the defendant voluntarily surrenders himself to the crime of this case and repents his wrong depth, cooperates in the investigation of other narcotics-related cases, and the defendant has mental illness.

However, considering the fact that the Defendant has a criminal record of having been sentenced more than ten times for the same crime, the Defendant committed the instant crime during the period of repeated crime resulting from the same crime, and the Defendant’s age, character and conduct, environment, motive and means of the instant crime, and all of the sentencing conditions indicated in the arguments and records, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

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.

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