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(영문) 대전지방법원 2017.12.21 2017노3174
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from depression at the time of committing the instant crime, and was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the developments leading up to the instant crime, the means and method thereof, the Defendant’s attitude and behavior before and after the instant crime, and the circumstances after the instant crime, etc., which can be known by the record as to the assertion of mental and physical disorder, it cannot be deemed that the Defendant did not change things at the time of the instant crime, or lost or weak ability to make a decision.

This part of the defendant's assertion is without merit.

B. The lower court’s judgment on the wrongful assertion of sentencing was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there is no circumstance to be newly considered in the appellate court. Therefore, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable and unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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