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(영문) 수원지방법원 2013.11.14 2013노3669

유해화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) Although the Defendant was under the influence of alcohol and committed each of the instant crimes in a state of mental disorder, the lower court erred by misapprehending it.

② In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (two months of imprisonment and confiscation) is too unreasonable.

2. In light of all the circumstances, such as the process of purchasing and inhaleing carbon gas, which is a hallucinogenic substance, recognized by each evidence adopted and examined by the court below, and the defendant's act before and after the crime of this case, it cannot be deemed that the defendant at the time of the crime of this case had reached a state where the defendant lacks the ability to discern things or make decisions due to drinking. Thus, this part of the defendant's assertion is without merit.

3. Although the defendant's wrong judgment on the assertion of unfair sentencing is divided and reflected against the defendant's wrong judgment, the defendant committed the crime in this case without being aware of the majority of the punishment for the same kind of crime as well as the fact that he committed the crime in this case without being able to do so even though he was during the period of suspension of execution. The crime in this case is likely to inhale hallucinogenic substances on the road, which is offered to the general public traffic, and thus, may lead to other crimes in the face of decipation, and the defendant needs to be isolated from the harmful environment for a certain period of time. The court below determined the punishment in consideration of the above all the sentencing conditions specified in the records and arguments. In full view of all the sentencing conditions specified in the records and arguments of this case

4. 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.