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(영문) 인천지방법원 2014.06.26 2014노1132
유해화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime under the influence of alcohol due to mental and physical disorder, and thus, at the time of the instant crime, was in the state of mental and physical disorder or mental disability.

B. The sentence of imprisonment (ten months of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mental disorder, it is recognized that the defendant was drinking at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime in light of the circumstances leading to the crime of this case, the means and methods of the crime, and the circumstances before and after the crime.

Although it seems that there was a weak or weak state, there is no evidence to deem that the defendant had a mental disorder due to mental disorder, etc.

Therefore, the defendant's above assertion is without merit.

B. It is not determined that the sentence of the court below is excessively unreasonable in light of the following circumstances: (a) the Defendant led to the confession of the crime of unfair sentencing and against the Defendant; (b) the Defendant’s family members want to take the Defendant’s preference; (c) the Defendant’s records of punishment for the same kind of crime up to seven times; (d) the Defendant re-offending even during the period of repeated crime due to the previous offense; and (e) the Defendant’s age, character and conduct, environment, motive for the instant crime; and (e) the circumstances after the commission of the

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

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