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(영문) 수원지방법원 2016.08.19 2016노3967

화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the instant crime and reflects it.

However, even before the crime of this case was committed, the defendant had a record of being subject to criminal punishment more than 13 times as a crime of the violation of the Chemicals Control Act. In particular, the defendant committed the crime of this case when he was sentenced to one year to imprisonment with prison labor for the same crime and again committed the crime of this case during the repeated crime period of six months, which is six months after the execution of the sentence was completed, and all other circumstances, including the defendant's age, sex, environment, family relationship, and circumstances after the crime of this case, the court below's punishment is too unreasonable. Thus, the defendant and his defense of the above punishment of this case is rejected.

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.