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(영문) 수원지방법원 2018.04.27 2017노8585

화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant, at the time of each of the instant crimes, was physically and mentally in a state of mental disorder, with the fluence of the crypism system.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s mental and physical disability claim, it appears that the Defendant had been treated as a victim of her dependence on the recovery system at the time of each of the crimes in this case. However, in light of the details and content of the crime and the circumstances before and after the crime, it cannot be deemed that the Defendant had committed the physical and mental weakness. Therefore, the above assertion by the Defendant is without merit.

B. The Defendant recognized each of the instant crimes and divided his mistake. As to the Defendant’s wrongful assertion of sentencing, the Defendant recognized each of the instant crimes.

During that period, the mother of the accused has shown many efforts to enable the accused to receive addiction treatment.

The Defendant had been under way in the process of being treated at a mental hospital due to the symptoms of the crypism, etc., and committed each of the crimes of this case. Each of the crimes of this case was limited to simply inhaled and possessed, and did not go to the second crimes, and there are extenuating circumstances for the Defendant.

However, the inhalement of hallucinogenic substances is not only detrimental to the soundness of society itself due to their addiction and side effects, but also is likely to cause secondary damage due to other crimes in a state of decliation, so it is necessary to strictly punish them.

In addition, the number of hallucinogenic substances held by the defendant in this case is more convenient, and four times of punishment for the same crime (two times of punishment and two times of suspended execution) is highly likely to be criticized.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime, the sentencing conditions as shown in the record are considered.