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(영문) 서울고등법원 2017.10.20 2017노2357
마약류관리에관한법률위반(향정)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C1) The Defendant C was physically and mentally weak due to depression, depression, etc. at the time of committing the instant crime, but the lower court erred by misapprehending this.

2) The punishment sentenced by the lower court to Defendant C (two years and six months of imprisonment, three years of probation, protection observation, 40 hours of attendance order, additional collection of KRW 460,00) is too unreasonable.

B. The punishment sentenced by the court below to Defendant A (unfair sentencing) (the imprisonment of eight months, two years of suspended sentence, protection observation, and lecture attendance order of 40 hours, additional collection of 6,000 won) is too unreasonable.

2. According to the evidence duly admitted and examined by the lower court regarding Defendant C’s assertion of mental and physical weakness, the lower court attempted to commit suicide by taking advantage of the depression on April 25, 2014 at once. From May 2014 to November 2014, Defendant C complaining of symptoms, such as emotional clothes, fake cards, and franchising symptoms, and received pharmacologic and mental support, but Defendant C was recognized as having received pharmacologic and mental support. However, in light of the circumstances at the time of the instant crime, including the accurate category of persons who sold ls and marijuana, and the details, means and methods of the instant crime, and the Defendant C’s behavior before and after the instant crime, etc., taking into account the following factors: (a) Defendant C was in a state where the ability to discern things or make decisions was lacking at the time of the crime.

As such, Defendant C’s argument of mental and physical weakness cannot be accepted.

3. Determination as to the defendants' assertion of unfair sentencing

A. The lower court determined as follows: (a) Defendant C committed a crime, such as Defendant C’s purchase of lsD and marijuana, and smoking the ls purchased therefrom; (b) narcotics-related crimes are likely to have a serious adverse impact on society as a whole, such as impairing an individual’s body and mind as well as impairing public health or inducing other crimes; and (c) there is a need to punish Defendant C significantly.

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