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(영문) 수원지방법원 2018.02.09 2017노8289
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant had weak ability to discern things or make decisions under the influence of alcohol.

B. The sentence of the lower court (a year of imprisonment, confiscation of seized articles) is too unreasonable.

2. Determination:

A. In light of the background leading up to the instant crime, the means and method of the crime, the Defendant’s behavior before and after the instant crime was committed, etc., acknowledged by the evidence duly adopted and examined by the lower court, the Defendant had weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

Therefore, the defendant's mental and physical weakness are without merit.

B. As to the unlawful argument of sentencing, the defendant recognized the crime of this case and divided his mistake, the crime of this case is that the defendant inhales sludge containing luene, which is a hallucinogenic substance, and the crime of this case is not less than 14 times, and the defendant has already been punished for the same crime of this case, and the defendant has committed the crime of this case without being aware of it even during the repeated crime period after the execution of the final sentence was completed, and considering other various circumstances that are the conditions for sentencing as shown in the records, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, etc., the punishment of the court below is too unreasonable. Thus, the defendant's improper assertion of sentencing is not justified.

3. 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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