화학물질관리법위반(환각물질흡입)
The defendant's appeal is dismissed.
1. Although the gist of the grounds for appeal stated a mistake of facts that “no person inhales hallucinogenic substances” was submitted by the Defendant after the closure of the pleadings in the instant case, such assertion cannot be a legitimate ground for appeal as it was filed after the expiration of the period for submitting the grounds for appeal.
Furthermore, even if ex officio, in light of the fact that the Defendant’s statement in the investigative agency and the court of the court below and the Defendant’s search paper containing the industrial key materials was seized from the Defendant, the facts charged in this case are sufficiently recognized, and therefore, there is no error of mistake of facts in the judgment below.
Since the crime of this case was committed in a state that the defendant has no or weak ability to discern an object or make a decision, the reduction of mental disorder or the reduction of mental disorder should be made.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is too unreasonable.
2. Determination
A. According to the records of this case of mental and physical disability, the defendant was receiving medical treatment at a mental hospital due to the inhalement of hallucinogenic substances, the network condition, etc., but the defendant did not have the ability to discern things at the time of the crime of this case.
No or weak state may have been found to have existed.
Therefore, this part of the defendant's argument is without merit.
B. The Defendant committed the instant crime in order to bring the Defendant to a prison because of an unreasonable sentencing decision, and immediately surrenders to the Defendant, may be considered when determining the sentence against the Defendant.
However, the defendant has been already sentenced to six times of imprisonment with prison labor and one-time suspension of execution of imprisonment with prison labor for the same crime, and the defendant committed the crime in this case at the same time for a more than one year after the provisional termination of medical treatment and custody due to the same crime, and the age, character, character, environment, family relationship, motive and circumstance of the crime, and after the crime.