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(영문) 부산지방법원 2016.01.14 2015노3994
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was mentally and physically weak, committed a crime under the mental anxiety because he did not use his mental health and medicine at the time of the instant case.

B. Sentencing, even if not, the lower court’s sentencing (one year of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. According to the records of the instant case’s assertion of mental and physical weakness, the Defendant was suffering from mental disease at the time of committing the instant crime, in full view of the background, means and methods of the instant crime, and the Defendant’s speech and attitude before and after the instant crime, although the Defendant was deemed to have spent the mental and physical weakness at the time of committing the instant crime.

Even if such disease was in a state that the ability to discern things or make decisions was weak due to such disease.

Therefore, the defendant's above assertion cannot be accepted.

B. In light of the following: (a) the fact that the Defendant recognized the instant crime; (b) the Defendant’s relatives want to take the Defendant’s preference; (c) the Defendant committed the instant crime during the period of repeated crime despite having previously been punished two times for the same kind of crime; (d) the Defendant’s statement on the circumstances leading to smoking marijuana is difficult to reliable; and (e) the Defendant’s statement in the investigative agency is suspected of being against the Defendant’s authenticity in light of the Defendant’s statement, etc.; (c) the lower court determined the sentence by fully considering the favorable circumstances for the Defendant; (d) there was no change of circumstances that may vary from the lower court and the sentence; (e) there was no change of circumstances that may vary in the circumstances after the Defendant committed the instant crime, such as violation of the Criminal Administration Regulation while the Defendant was able to take advantage of the detention house; and (e) other factors such as the Defendant’s age, sex, intelligence and environment; and (e) motive, means, consequences, results, and circumstances after committing the instant crime.

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