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(영문) 대구지방법원 2013.12.13 2013노1541
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant suffered from a mental disorder due to a mental illness due to the current injury, etc., and thereby, he was in a state of mental disorder at the time of each of the charges in this case.

B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the records of this case as to the assertion of mental disorder, the fact that the defendant suffered from a divided disorder after 2009 can be acknowledged, but in light of the background leading up to the crime, the means and method of the crime, and the defendant's behavior after arrest, etc., it cannot be seen that the defendant has reached a state of mental disorder. Thus, the above assertion by the defendant is without merit.

B. Although there are circumstances such as the Defendant’s confession and reflect on the instant crime at the trial of the trial, and the Defendant appears to suffer from normal division disorder, the Defendant has been punished four times again for the same crime, and the Defendant has repeatedly committed the instant crime even though he was under repeated control due to the same force as the instant crime. The content of the instant crime is not good for committing the crime by selling the instant phone to four persons, including E, and actively transmitting the instant phone with the sale of 10 penphones, one time delivery, and one handphones without compensation. In addition, the Defendant has reached 15gg at a time, and the amount of the penphones handled by the Defendant reaches 15g at a time, taking into account all the factors indicated in the instant crime such as the Defendant’s age, character and behavior, environment, motive and consequence of the crime, its means and result, and circumstances after the crime, etc., the scope of recommendation and sale of narcotics, good offices, one-year group of punishment, one-year concurrent crime and three-year concurrent crimes [37 years or more].

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