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(영문) 서울북부지방법원 2018.11.22 2018노1513
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court determined that the Defendant was in a state of mental disorder under the influence of alcohol at the time of the instant crime.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant appears to drink at the time of the instant crime.

However, in light of the method and method of the above crime, the circumstances after the crime, etc., the defendant was under the influence of alcohol and had no or weak ability to discern things at the time of the crime.

The Defendant’s assertion that he could not memory at the time of committing the crime does not appear to have been in a state of mental disorder solely due to such circumstance.

shall not be deemed to exist.

Therefore, the defendant's mental disorder is without merit.

B. In light of the circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, and the fact that the Defendant has been punished several times for the same crime, and that the Defendant committed the instant crime during the period of repeated crime, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, taking into account the circumstances unfavorable to the Defendant, such as the Defendant’s character and conduct, environment, motive for the instant crime, and circumstances after the instant crime.

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

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

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