화학물질관리법위반(환각물질흡입)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Seized No. 1 (two butanes).
1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, on February 12, 2019, the defendant was sentenced to a suspended sentence of two years for six months for a violation of the Chemicals Control Act in the Daegu District Court Kimcheon branch of the Daegu District Court (Tgu District Court Decision 2018Da1155, 1271). The prosecutor appealeds against the above judgment, but the Daegu District Court, which caused the appellate court's appellate court's appeal (Tgu District Court 2019No867), was sentenced to a dismissal of the prosecutor's appeal on April 14, 2020 (Tgu District Court 2019No867), and the above first instance court's judgment became final and conclusive on April 222, 2020.
As above, in the concurrent crimes under the latter part of Article 37 of the Criminal Act between the crime of the violation of the Chemicals Control Act and the crime of the crime of the same case, the judgment of the court below which did not consider the principle of equity and the mitigation or exemption of punishment after considering equity in the case of concurrent crimes under Article 39(1) of the Criminal Act cannot be maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without having to decide on the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and evidence against the defendant recognized by this court is added to the first head of the judgment of the court below, "the defendant was sentenced to a two-year suspended sentence of imprisonment for the violation of the Chemicals Control Act on February 12, 2019 and became final and conclusive on April 22, 2020," and "the summary of the evidence" 1.: Results of the case search, each of the judgment [the Daegu District Court Decision 2018DaDa11555, 1271 (combined), 2019No67].