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(영문) 대전고등법원 (청주) 2019.01.10 2018노113
마약류관리에관한법률위반(마약)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant’s defense counsel made a mistake of facts against the beginning, the Defendant’s defense counsel withdrawn the above assertion on the third trial date of the trial.

1) The Defendant was in a state of mental disability due to depression at the time of the instant crime. 2) The sentence of an unreasonable sentencing (one year and six months of imprisonment, etc.) is too unreasonable.

B. The judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles, even though it is sufficiently recognized that the defendant imported the cocar, according to the evidence submitted by the prosecutor 1) misunderstanding of facts or misunderstanding of legal principles.

2. Determination:

A. According to the records of the judgment on the Defendant’s claim of mental disability, the Defendant suffered from a state of normal decentralization, bipolar disorder, etc., and even before the crime of this case was committed, it is recognized that the Defendant sustained a continuous mental and physical therapy and recovered a medicine. However, in light of various circumstances, such as the attitude of the Defendant’s statement and statement at an investigative agency, and the fact that the Defendant was engaged in an interview to find employment at a large retailer prior to the commission of the crime of this case (92-95 pages of the trial record), and that the Defendant was engaged in a stack, etc. during the period of hiring (92-95 pages of the trial record), it is difficult to view that the Defendant had a lack of ability to discern things or make decisions at the time of the commission of the crime of this case.

Therefore, the defendant's argument of mental disability is not accepted.

B. The summary of this part of the facts charged and the summary of this part of the judgment of the court below on the prosecutor’s assertion of mistake or misapprehension of the legal principles are as follows: “The defendant, on January 1, 2018, concealed 0.98gg, c. c. in the Canadian airport, which was packed in the gambling place, to the item, by causing the name-confluences in the name-confluences in Canada by an influence method

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