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(영문) 서울북부지방법원 2017.08.18 2017노1154
화학물질관리법위반(환각물질흡입)등
Text

The defendant's appeal is dismissed.

Reasons

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 hallucinogenic substances.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. According to the records of the instant judgment on the assertion of mental and physical disorder, the Defendant’s knife and knife the knife while inhaleing hallucinogenic substances is recognized.

However, in light of the circumstances leading to the crime, the means and method of the crime, the circumstances before and after the crime, the past circumstances of the theft or damage of another's property after inhalement of hallucinogenic substances, the statements of witnesses, etc., there was a mental and physical state to the extent that the criminal liability of the defendant was affected.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. There is no significant change in circumstances to consider the sentencing of the defendant after the judgment of the court below regarding the unfair argument of sentencing.

In light of the facts alleged by the Defendant on the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if all of the circumstances alleged by the Defendant are considered as grounds of appeal.

We do not accept the defendant's unfair argument of sentencing.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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