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(영문) 수원지방법원 2019.08.30 2019노3086
마약류관리에관한법률위반(향정)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant special obstruction of performance of official duties, the Defendant was in a state of mental health and injury by taking a large quantity of drugs prescribed by a psychiatrist.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, confiscation, and collection) is too unreasonable.

2. Determination

A. In light of the developments leading up to the crime, the means and method of the crime, the circumstances before and after the crime, the Defendant’s statement to the investigation agency, etc. acknowledged by the record as to the assertion of mental retardation, it cannot be deemed that the Defendant lacks the ability to discern things or make decisions at the time of the instant special obstruction of performance of official duties.

Therefore, we cannot accept this part of the defendant's assertion.

B. If there is no change in the conditions of sentencing compared to the judgment of the court below on the assertion of unfair sentencing, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.

In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.

In addition, comprehensively taking into account the following circumstances, such as the character, conduct, environment, motive, means and consequence of the crime committed by the defendant as shown in the arguments of the court below and the party hearing, the sentence of the court below cannot be deemed to be unfair because it goes beyond the reasonable scope of discretion.

Therefore, we cannot accept this part of the defendant's assertion.

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

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