유해화학물질관리법위반(환각물질흡입)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Seized evidence 1 and 2 shall be confiscated, respectively.
1. Summary of grounds for appeal;
A. The Defendant, at the time of committing the crime as set forth in paragraphs 2 and 3 of the judgment below, inhaled hallucinogenic substances and was in a state of mental disability.
B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.
2. Determination
A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the claim of mental retardation, it is recognized that the defendant committed a crime under Articles 2 and 3 of the judgment of the court below in a inhaled hallucinogenic substances, but in light of the circumstances of the crime, the method and method of the crime, the defendant's behavior before and after the crime, etc., it is not deemed that the defendant did not have the ability to discern things or make decisions due to the inhaled hallucinogenic substances at the time of the crime. Thus, this part of the defendant'
B. The Defendant committed the instant crime at another time during the grace period after having been sentenced to a suspended sentence on November 1, 2012, etc., which is disadvantageous to the Defendant, as well as the fact that the Defendant committed the instant crime, even though having been sentenced to a suspended sentence on November 1, 2012.
However, in light of the fact that the defendant recognized his mistake and reflects, that the defendant made efforts to treat addiction to military register of volatiles, that the defendant's mother and the defendant's mother have continued to receive mental treatment in the future, and that the defendant and the defendant's mother will not repeat this crime again, that the damage was not significant in relation to the larceny crime, that the damage was restored to victims and the damage was restored, and all other sentencing conditions specified in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., are somewhat inappropriate.
3. Accordingly, the defendant's appeal is justified.