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(영문) 창원지방법원 2014.07.17 2014노1079
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each of the crimes of this case with mental disorder committed by the defendant in a state of mental disorder or mental disorder due to constant intimidation or coercion of others.

B. The sentence imposed by the lower court (two months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental or physical disorder, even though it is recognized that the Defendant had been under medical treatment due to the recurrence of depression from August 29, 2002 to January 7, 2014, which was immediately before each of the crimes of this case, or serious symptoms without any existing mental symptoms, the Defendant was unable to discern things at the time of each of the crimes of this case, in light of the means and methods of each of the crimes of this case, and the circumstances after each of the crimes of this case.

It is difficult to view that there was a weak state of such ability.

Therefore, this part of the defendant's assertion is rejected.

B. It is recognized that the Defendant’s judgment on the assertion of unfair sentencing both recognized and reflected each of the instant crimes, and that some of the circumstances leading to each of the instant crimes appear to have been cooperative in the investigation of relevant crimes, etc.

However, considering the fact that narcotics-related crimes are highly harmful to society due to toxicity, and the defendant has already been punished several times due to the same kind of crime, the defendant committed each of the crimes of this case, which is philophone medication, during the period of repeated crime, and the sentencing of the court below seems to have been reflected in the circumstances favorable to the defendant, as a result of reflecting the criminal punishment for other crimes similar to each of the crimes of this case, and the defendant's age, character and conduct, occupation and environment, family relationship, the circumstances and results of each of the crimes of this case, and all other circumstances, which are the conditions of sentencing as shown in the records and arguments, such as the circumstances after the crime, etc., the sentence of the court below

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