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(영문) 수원지방법원 2015.01.12 2014노6546

유해화학물질관리법위반(환각물질흡입)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the Defendant committed another crime of inhaleing hallucinogenic substances again during the period of repeated crime, even though the Defendant was punished by imprisonment with prison labor or has been placed prior to the suspension of the execution of the sentence on several occasions due to the violation of the Toxic Chemicals Control Act; the Defendant was punished once by a fine for larceny, etc.; and the Defendant committed the instant crime of attempted intrusion upon residence, destruction of property, and special larceny during the period of repeated crime even though he was punished twice by imprisonment with prison labor; the Defendant committed the instant crime of attempted intrusion upon residence, destruction of property, and special larceny; the damage caused by the instant crime was not completely recovered; and the Defendant’s age, character and behavior, environment, motive and circumstance before and after the instant crime and all the sentencing conditions indicated in the instant records

Even if the lower court’s punishment is unreasonable, it cannot be deemed that the sentence is unreasonable.

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.