화학물질관리법위반(환각물질흡입)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak due to mental disorder, etc.
B. The sentence of the lower court against the Defendant (six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for ex officio appeal, the prosecutor added “Article 37 and Article 39(1) of the Criminal Act” to the defendant in the first instance trial, and the part of the charge in the charge is stated as follows: “The defendant was sentenced to two years of suspension of execution on November 13, 2015 to six months of imprisonment with labor for a violation of the Chemicals Control Act (smelting hallucinogenic substances) at the Bapo Support of the Gwangju District Court on November 13, 2015, and the judgment became final and conclusive on November 21, 2015. On May 4, 2016, he/she was sentenced to two years of suspension of execution on August 12, 2016 and became final and conclusive on May 12, 2016, and on May 26, 2017, he/she appears to have been sentenced to suspension of execution on July 31, 2017.”
The judgment became final and conclusive.
“Application for Amendments to Bill of Indictment was filed,” and this Court permitted amendments to Bill of Indictment, so the judgment of the court below was impossible to maintain it as it is.
However, the defendant's argument about the mental and physical disorder is still subject to the judgment of this court, despite the above reasons for reversal of authority.
3. According to the judgment on the assertion of mental disorder, the records of this case, etc., the defendant may be found to have received pharmacologic treatment by being diagnosed by the following group: Provided, That in light of the background of the crime of this case, which can be recognized by the evidence duly adopted and investigated by the court below, the method and method of the crime of this case, and the behavior and circumstances of the defendant before and after the crime.