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(영문) 창원지방법원 2013.10.18 2013노1318
유해화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had lost or weak ability to discern things at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the statement of opinion submitted by the defendant in the trial, it is recognized that the defendant is dependent on alcohol use, and the defendant was treated with symptoms such as depression, fluorosis, alcohol respect, difficulty in appraisal adjustment, and loyalty.

However, in light of the background leading up to the instant crime, the Defendant’s behavior and attitude revealed before and after the instant crime, etc., the Defendant was deprived of the ability or decision-making ability to discern things due to such mental illness as above at the time of the instant crime.

It does not seem that there was or was a weak state.

Therefore, the defendant's argument of mental disability is without merit.

B. The Defendant’s confession and reflects the instant crime is favorable to the Defendant.

However, in full view of the following factors: (a) the Defendant had the history of criminal punishment for the same kind of crime; (b) the Defendant committed the instant crime without being aware of, and even during the suspension period of execution for the same kind of crime; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, the motive and circumstance of the instant crime; and (c) circumstances after the instant crime

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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