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(영문) 창원지방법원 2019.06.19 2019노541
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (mental disorder, unreasonable sentencing) is that the Defendant committed an offense under the condition of mental disorder or mental and physical disability, and the lower court’s imprisonment (one year and six months) is too unreasonable.

2. Determination

A. In regard to the assertion of mental disorder, the Defendant suffered from a polar disorder. However, according to the record, it cannot be deemed that the Defendant reached the instant crime with the absence or weak capacity to discern things or make decisions.

Therefore, the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the lower court’s punishment is reasonable within the reasonable scope of discretion, considering the following factors: (a) the Defendant led to the confession and rebuttal of the instant crime; (b) the Defendant’s family members; and (c) the offender wants to leave the Defendant’s preference against the Defendant; (d) the Defendant suffers from the stimulative disorder; (b) the Defendant has been punished 11 times of the same kind of crime; and (c) the Defendant committed the instant crime again during the period of repeated offense; (c) the scope of recommendation according to the sentencing guidelines set by the Supreme Court Sentencing Guidelines; and (d) the scope of the Defendant’s punishment, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant

Therefore, the defendant's assertion is not accepted.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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