화학물질관리법위반(환각물질흡입)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (a year of imprisonment with prison labor for three years of suspended execution, observation of protection, community service and pharmacologic treatment for 120 hours and 80 hours of pharmacologic treatment) is too unfluent.
2. The crime of this case, however, requires a strict liability corresponding to the defendant when considering the following facts, such as the defendant inhales a nice containing a luene, which is a hallucinogenic substance, and drives a vehicle in a state where the defendant is unlikely to drive the vehicle normally by inhaleing hallucinogenic substance three times, in light of the method and content of the crime, etc., the crime is considerably poor in light of the crime. Nevertheless, as stated in the facts of the crime in the case of 2015 Godan 2795 in the decision of the court below, it is considerably unnecessary to take into account the following facts: (a) the defendant inhales the hallucinogenic substance and denies the fact that he drives a vehicle in a state where he inhales the hallucinogenic substance.
I see that it is.
However, the defendant's crime of the 2015 Highest 2990 cases and 2015 Highest 55 Highest 573 cases in the holding of the court below is all led to confession and reflects his/her mistake in depth. The possibility of improvement and the future of the defendant's early birth in the society of 20 years of age seems to be necessary. The defendant's age, career, sex, environment, motive and background of the crime, means and methods of the crime, and the result of the crime, etc., all the kinds of sentencing conditions shown in the arguments of this case, including the defendant's age, career, sex, environment, motive and circumstance of the crime, method and consequence, etc., and the sentence imposed by the court below pursuant to the sentencing guidelines. The crime of violation of the Chemicals Control Act (snest of hallucinogenic substances) falls under the basic area of the "mecinant and simple possession, etc." of the sentencing guidelines, and thus, the scope of punishment of each recommendation falls under six months to 1 to 20 years, and the final sentencing guidelines are not set.