화학물질관리법위반(환각물질흡입)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
There are 81 butane gas (No. 1) seized.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.
2. The judgment of the defendant has a record of being punished several times for the same crime, and the crime of this case is committed in the period of repeated crime due to the same crime, the fact that the defendant's inhaled gas is very high, and the defendant's addiction to hallucinogenic substances, such as butane gas, and the need to isolate the defendant for a certain period from the society, is disadvantageous to the defendant.
On the other hand, however, the defendant's time to commit the crime in this case, and the defendant seems to repeat the crime of inhaleing hallucinogenic substances due to mental disorder, and it seems that the mental problem as mentioned above and efforts had been made in the mental hospital prior to the crime in this case before the crime in this case, to treat the habits of inhaled hallucinogenic substances. In addition, in full view of all the sentencing conditions such as the defendant's age, character and conduct, environment, circumstances after the crime in this case, etc., the court below's punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 59 of the relevant Act on criminal facts, subparagraph 6 of Article 59 of the Chemicals Control Act, Article 22 (1) of the Selection of Punishment, and Selection of Imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. In full view of the various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 48(1)1 of the Criminal Act, the sentence is determined as per Disposition.