beta
(영문) 수원지방법원 2013.11.07 2013노4484

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 and confiscation) is too unreasonable.

2. The judgment of the court below is divided into and against the defendant's wrong, but the defendant has the history of having been punished for the same kind of crime, and the defendant committed the crime in this case without being aware of even though he was a repeated crime period, and the defendant seems to have serious degree of addiction to hallucinogenic substances at the time of inhaleing hallucinogenic substances, such as the exchange administration, etc., and there is a need to isolate the defendant in this situation from the harmful environment for a certain period, and the court below seems to have determined the punishment in consideration of all such circumstances, and in full view of all the sentencing conditions in the records and arguments of this case, it cannot be deemed that the sentence of the court below against the defendant is too unreasonable.

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