(영문) 서울중앙지방법원 2013.09.26 2013노2391

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(영문) 서울중앙지방법원 2013.09.26 2013노2391

유해화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower judgment that did not recognize the mental and physical disorder at the time of the instant crime of mental and physical disorder was unlawful.

B. The lower court’s sentencing (ten months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the record as to the assertion of mental disorder, even though the defendant was in a somewhat bad condition at the time of the crime of this case, in light of the circumstances indicated in the record, such as the background leading to the crime, details of the crime, and the defendant's behavior before and after the crime, the defendant was unable to discern things and make decisions.

This part of the defendant's assertion is rejected, since it is not recognized that the defendant had reached the above status of absence of such ability.

B. It is reasonable to take into account the following circumstances: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the status of supporting the mother and fishing boats; and (c) the Defendant’s enjoyment and effort to treat the Defendant; and (d) the Defendant’s desire to take care of the Defendant.

However, in full view of the following circumstances: (a) the Defendant was sentenced to imprisonment with prison labor of ten (10) months on September 13, 2012 for the same crime and was sentenced to a two-year grace period; (b) the Defendant committed the instant crime; and (c) the lower court determined the sentence in consideration of the circumstances favorable to the Defendant; and (d) there was no change in the circumstances or circumstances that may be newly considered in sentencing after the lower judgment was sentenced; and (b) other various circumstances, which form the conditions for the pleadings and the records of sentencing, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, are considered as being committed, it is not recognized that the Defendant’

3. If so, the defendant's appeal is reasonable.

유사 판례

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