유해화학물질관리법위반(환각물질흡입)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
A candidate for medical treatment and custody shall be punished by medical treatment and custody.
1. Grounds for appeal;
A. At the time of the instant crime, the Defendant was addicted to hallucinogenic substances and had weak ability to discern things or make decisions.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.
2. According to the mental appraisal statement of the Medical Treatment and Custody Director against the defendant, the defendant is deemed to have been under a state of undermining the ability to distinguish things and make decisions due to the loss of damage, the related circumstances, scopic accidents, and decrisonism at the time of committing the crime of this case. In full view of the above mental appraisal result and the defendant's age, character, character, family environment, power, circumstances and attitudes of the crime of this case, circumstances and actions before and after the crime of this case, it is reasonable to view that the defendant had a state of lacking the ability to distinguish things or make decisions due to the abuse of mental disease and drugs at the time of committing the crime of this case.
Therefore, the defendant's argument of mental disability is justified.
3. As such, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the defendant's appeal is delivered with the medical treatment and custody case requested by the prosecutor in the trial
Criminal facts
The facts constituting the crime acknowledged by this court are as stated in each corresponding column of the judgment below, except for adding "in a state in which the ability to discern things or make decisions is weak due to the abuse of mental fissionable disease and drugs" after the first part of the judgment of the court below, and therefore, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
The defendant is a substance which is likely to abuse or injure the fact of medical treatment and custody.