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(영문) 부산지방법원 2014.12.29 2014노4096
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the condition that he did not have a mental state due to the aftermath of drug addiction.

B. The lower court’s imprisonment (two years and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the record of the determination of the claim of mental disability, the fact that the defendant received a mental and medical treatment due to the efficial disorder, personality disorder, etc. in the past is recognized.

However, in full view of all the circumstances such as the means and method of the instant crime, the conduct of the Defendant before and after the instant crime, and the circumstances after the instant crime, it seems that the Defendant did not have the ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. It is recognized that the Defendant made a confession of the instant crime and appears to repent of his mistake, and that the Defendant’s mental health is not good due to drug addiction.

However, each of the crimes of this case was received, administered, and possessed by the defendant once every time, and was arrested as a flagrant offender by the police officers due to the above suspicion, and the amount of the defendant's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

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