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(영문) 수원지방법원 2012.11.29 2012노4465

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 (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of the crime of this case and reflects on the crime.

However, on January 26, 2012, the Defendant was sentenced to one year of imprisonment for a crime of injecting hallucinogenic substances in violation of the Toxic Chemicals Control Act at the Seoul Eastern District Court on July 30, 2012, and committed the instant crime in the same kind only one month after being discharged without being subject to repeated crime on July 30, 2012, and the Defendant committed the instant crime in the same manner. In addition, the Defendant had the record of being punished three times for the same crime, and even though the Defendant’s dependence on hallucinogenic substances is serious, the Defendant appears not to properly endeavor and reflect on the treatment, including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc.

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.