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(영문) 창원지방법원 2017.02.09 2016노3254
마약류관리에관한법률위반(향정)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime with mental disorder is committed in a state of mental or physical loss or mental weakness due to mental disorder, etc.

B. The punishment of the lower judgment that was unfair in sentencing (one year and six months of imprisonment, additional collection) is too unreasonable.

2. Determination

A. In light of the content of the instant crime regarding the assertion of mental disorder, at the time of committing the crime, the Defendant had no or weak ability to discern things or make decisions due to the mental disorder, etc.

Therefore, the defendant's assertion is without merit.

B. In light of the following: (a) the judgment of the court below on the unfair argument of sentencing is examined; (b) the defendant is against the defendant; and (c) the defendant's health status is not good, but there are many criminal records of the same kind including the criminal records; (b) the recidivism was committed during the period of repeated crime due to the same crime; and (c) the defendant's age, sex, circumstances leading to the crime; (d) circumstances after the crime; and (e) other matters concerning the sentencing as indicated in the records and arguments of this case, the defendant's assertion is without merit

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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