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(영문) 의정부지방법원 2017.09.07 2017노1632

화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (10 months of imprisonment, confiscation) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime and reflects the mistake, the defendant suffers from scarcity and scarcity disorder, etc., and the defendant has no previous convictions of the alien.

However, the defendant has been punished more than 10 times due to the same crime.

On December 1, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of inhaleing hallucinogenic substances, and was sentenced to six months of imprisonment with prison labor for the same crime on July 14, 2015, and was sentenced to eight months of imprisonment with prison labor for the same crime on June 30, 2016.

The Defendant committed the instant crime on January 4, 2017 at approximately three months after being released from the military court, and is a repeated offender who committed the instant crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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