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(영문) 인천지방법원 2018.05.31 2018노1052

화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one year of imprisonment) is too unreasonable.

2. The judgment is contrary to the defendant's recognition of the crime, but the defendant inhales hallucinogenic substances, and the defendant has a total of eight times of criminal punishment, and seven times of which is sentenced to the defendant. The case is a crime during the same repeated crime period (the most of the above criminal records was subject to the aggravated punishment due to repeated crimes), and the defendant seems to have symptoms of addiction to hallucinogenic substances. When considering the fact that the defendant has weak social relationship, there is a high need to isolate the defendant from society for a certain period, there is no new circumstance to consider the sentencing after the decision of the court below, and there is no other new circumstance to consider the sentencing after the decision of the court below, and all the sentencing conditions shown in arguments, such as the defendant's age, sexual behavior, environment, motive, quantity and frequency of the crime, and circumstances after the crime, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

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

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).