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(영문) 수원지방법원 2013.05.09 2013노1391

유해화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) is too unreasonable.

2. Although the judgment of the court below has divided the defendant's wrong and did not repeat again, the same crime was committed again despite the fact that the defendant had been already punished several times for the same kind of crime. In particular, the crime of this case was committed again more than 20 days after being sentenced to imprisonment for the same kind of crime, and thus, the defendant needs to be isolated from hallucinogenic substances for a certain period of time, and there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the court below, and there is no need to regard the defendant as being isolated from hallucinogenic substances for a certain period of time. In addition, it cannot be viewed that the court below's punishment is too unreasonable considering all the sentencing conditions, including the defendant's age, character and behavior, environment, motive for the crime

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.