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(영문) 수원지방법원 2017.05.12 2017노1250

화학물질관리법위반(환각물질흡입)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The reasoning of the appeal (one year of imprisonment) by the lower court is too unreasonable.

2. In full view of all kinds of sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, frequency of the crime, method of the crime, circumstance after the crime, etc., the sentence imposed by the lower court is too too unreasonable and unfair, as it is acknowledged that the sentence imposed by the Defendant is too unreasonable, in light of the following circumstances: (a) the Defendant’s confession and reflects the fact that the Defendant was committed; (b) the fact that the Defendant agreed to do not reach the same crime again; (c) the fact that the Defendant was committed for a repeated crime due to the same kind of crime; (d) the fact that the Defendant did not know even though he was a repeated crime period; and (e) the fact that the degree of addiction to hallucinogenic substances seems to be serious.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Articles 59 subparagraph 6 and 22 (1) (the inhaled points of hallucinogenic substances) of the Chemicals Control Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;