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(영문) 대구지방법원 2013.05.24 2013노445
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

10,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was in a state of mental disability at the time of the crime of the lower judgment, where the Defendant was in a state of lacking the ability to discern things in a normal state by taking narcotics, and the Defendant was in a state of mental disorder at the time of the crime of the lower judgment.

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

2. Determination

A. According to the record of the determination on the claim of mental or physical disability, the defendant was hospitalized in the cerebral cerebrovascular, acute cerebral cerebral cerebral cerebral cerebral cerebral cerebral Sponsor, and received medical treatment until the 17th day of the same month after he was diagnosed on June 28, 199 that he was found to have physical disability, personality disability, and personality disability in the S Hospital, and received relatively regular pain treatment until August 2002. After he administered the philopon as stated in the judgment of the court below, he did not seem to have the ability of the defendant to administer the crime of this case in light of all the circumstances such as the occurrence and details of each crime of this case, the defendant's behavior before and after the crime of this case, and the defendant's intention or ability to administer the crime of this case after the lapse of 2012No4795 case as stated in the judgment of the court below.

B. As to the assertion on unfair sentencing, the Defendant did not know even during the period of repeated crime due to a previous statement in the first head of the crime in the judgment below, and committed each of the crimes in this case, the Defendant has the power to interfere with the performance of official duties, as well as the violence leading up to several times, and the punishment has been repeated several times with the drugs prior to four times.

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