유해화학물질관리법위반(환각물질흡입)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal by the prosecutor is unreasonable because the sentence imposed by the court below (ten months of imprisonment, two years of suspended sentence, two years of probation) is too uneased.
2. Although there are favorable circumstances in sentencing, such as the confession of the crime of this case and the misunderstanding of the mistake, the defendant was sentenced to a two-year suspended sentence on July 13, 2007 at the Seoul Western District Court for the same crime on July 21, 2007, and the judgment became final and conclusive on July 31, 2008, the court was in the first place of a fine not to be effective. Since each of the crimes of this case in which the defendant inhales hallucinogenic substances, the court committed each of the crimes of this case in which the defendant inhales hallucinogenic substances, and made the official use of the judicial institution to the degree of the crime of this case, and each of the crimes of this case in this case was investigated by the police station through inhaled hallucinogenic substances, and then smelting hallucinogenic substances in this frame, which is not suitable for the quality of the crime, the prosecutor's allegation in the above judgment below seems to be justified, considering the following circumstances, as a whole.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 58 of the relevant Act concerning facts constituting an offense and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act (Selection of Imprisonment with prison labor);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances in the preceding);
1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;
1. Confiscation of the Criminal Act;