(영문) 서울남부지방법원 2013.03.14 2013노51

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(영문) 서울남부지방법원 2013.03.14 2013노51

유해화학물질관리법위반(환각물질흡입)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder committed an unlawful act that affected the conclusion of the judgment by neglecting the status of mental disorder at the time of the instant crime.

B. The sentence imposed by the court below on the defendant (two months of imprisonment and confiscation) is too unreasonable.

2. Determination on the grounds for appeal

A. In light of the records, it is acknowledged that the Defendant received a mental therapy on the grounds of continuous inhalement of main body and shock disorder before the instant crime was committed, but in light of the circumstances indicated in the records, such as the background of the instant crime and the Defendant’s behavior before and after the instant crime, etc., the Defendant thereby lacks the ability to distinguish things and make decisions at the time of the instant crime.

This part of the defendant's assertion is without merit, since it is not recognized to have reached the above status of absence of such ability.

B. Regarding the assertion of unfair sentencing, there are extenuating circumstances such as examining the argument of unfair sentencing, the fact that the defendant is in a depth of his mistake, and that the defendant seems to be not suitable for health conditions. However, the defendant has already been sentenced to the same kind of crime, and that the defendant has committed the crime of this case in this case during the repeated crime period since not only has the past record of having been sentenced to the same kind of crime, but also has long passed since the execution of the sentence was completed due to the same kind of crime, and the defendant has committed the crime of this case. ② Considering the circumstances of the crime of this case and the criminal records of the defendant, the defendant is judged to have significantly high risk of repeating the crime. ③ The court below determined the punishment in this case in consideration of the circumstances favorable to the defendant, ③ there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the court below, and other conditions of the argument and the

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