On May 25, 2013, at around 23:30, the Defendant boarded into D private taxi operated by C in the vicinity of the subway 2-line 1693-38, Yeongdeungpocheon-gu, Seoul Special Metropolitan City, and opened up to 201-dong, Gwanak-gu, Seoul Special Metropolitan City Embro 201, and divided 1 copy of shot gas (SU), which is a hallucinogenic substance in advance, into a knife, and inhaled the shot gas into a hife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure records;

1. As to the assertion of mental disability and mental retardation

1. The Defendant and his defense counsel asserted at the time of the instant crime, which was under the influence of alcohol, was in a state of mental disability.

2. According to the evidence adopted by the court of this case, although the fact that the defendant was in a drunken state at the time of the crime of this case was recognized, the defendant did not have the ability to discern things or make decisions.

It does not seem to have reached a state of or weakness.

Defendant

We do not accept the above assertion of counsel.

Application of Statutes

1. For the criminal facts, the reason for sentencing of imprisonment with labor [the decision of type] under Article 58 subparagraph 3 of the relevant Article of the Toxic Chemicals Control Act, Article 43 (1) of the same Act, the reason for sentencing of the sentence of imprisonment with labor [the decision of a person who has a special appearance]. < Amended by Act No. 1190, Sep. 13, 2012> < Amended by Act No. 11904, Sep. 201; Act No. 11904, Sep. 13, 2012; Act No. 11904, Sep. 13, 2012>