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(영문) 인천지방법원 2018.10.04 2018노2025
화학물질관리법위반(환각물질흡입)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. On January 12, 2018, the first instance court held that the Defendant committed each of the crimes in a state of mental and physical weakness by drinking alcohol at the time, in the case of the crime of inhaleing hallucinogenic substances as of July 28, 2017, and the second instance judgment.

In addition, in the case of the crime of damaging property in the judgment of the first instance court, the defendant committed the above crime in the state of mental and physical weakness because the defendant had drinking and inhaled hallucinogenic substances at the time.

B. Each sentence sentenced by the court below to the defendant (No. 1: imprisonment with prison labor for 1 year and 4 months, and imprisonment with prison labor for 2 years) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and both the defendant filed an appeal against each of the above judgment below, and this court decided to hold concurrent hearings of each of the above appeal cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, all of the judgment of the court below cannot be maintained.

However, the defendant's argument of mental and physical weakness is still subject to the judgment of this court, despite the above reasons for reversal of authority.

3. According to the evidence duly admitted and examined by the lower court, such as the statement made by the Defendant at an investigative agency, etc., the Defendant was deemed to have drinking alcohol at the time of each of the above crimes (the crime of inhaleing hallucinogenic substances as of January 12, 2018, the crime of inhaleing hallucinogenic substances as of July 28, 2017, and the crime of damaging property as of July 28, 2017). In light of the various circumstances indicated in the records, such as the course and process of each of the above crimes, the Defendant’s act before and after each of the above crimes, etc., the Defendant’s judgment

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