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(영문) 서울북부지방법원 2014.09.18 2014노927

유해화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of stopping the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disorder.

B. The sentence of imprisonment (one year of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the records of mental and physical disorder, even though the defendant was found to have committed the crime of this case while drinking, in light of the circumstances before and after the crime of this case was committed, the circumstances leading to the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things due to drinking, and thus, the defendant's mental and physical disorder argument is without merit.

B. Although the defendant's mistake is recognized and thus, it seems that he had lived faithfully from June 18, 2013 to the end of the execution of imprisonment with prison labor for the same kind of crime to the end of the crime in this case, and even before the end of the crime in this case, and through future treatment, he/she is expected not to have made an effort to remove the habits to inhale toxic chemicals containing hallucinogenic substances through future treatment, but the defendant has the record of having already been sentenced to imprisonment with prison labor, medical treatment and custody, suspension of execution of imprisonment with prison labor, and fines on several occasions due to the same crime, and again commits the crime in this case during the period of repeated crime due to the same kind of crime, taking into account the motive and circumstance leading up to the crime in this case, the defendant's age, character and conduct, environment, occupation and family relation, etc., the defendant's punishment sentenced by the court below cannot be deemed to be too unfair, and therefore, the defendant's assertion of unfair sentencing cannot be justified.

3. If so, the defendant's appeal is reasonable.