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(영문) 서울중앙지방법원 2013.08.22 2013노1909
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental disorder, even though the defendant was suffering from a non-human mental disorder at the time of the crime of this case, in light of the circumstances revealed in the records, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime of this case, the defendant lacks the ability to distinguish things and make decisions at the time of the crime.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. There are extenuating circumstances in light of the following: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the Defendant’s support for the 78 years old and 6 years old and 6 years old and in divorceed with his wife; and (c) the Defendant’s health status is not good.

However, in full view of the facts that the Defendant committed the instant crime, even though he was punished twice as a crime of narcotics, and accordingly, committed the instant crime, which was committed during the period of repeated crime, and provided phiphones to other persons without being punished for its medication, taking into account the circumstances that have already been favorable to the Defendant, and there is no special change in the circumstances or circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, and other various circumstances that form the conditions for the argument and the sentencing indicated in the record of the instant case, including the Defendant’s age, character, character, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, this part of the Defendant’s assertion is rejected.

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