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(영문) 부산지방법원 2016.10.28 2016노3139

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 (two months of imprisonment and confiscation) is too unreasonable.

2. It is recognized that the circumstances such as the confession of the Defendant to the instant crime and his depth reflects his mistake.

However, the crime of this case is that the defendant inhales the main body containing Toluene, which is a hallucinogenic substance. In light of the applicable law and content of the crime, there is a significant bad character of the crime. The defendant has been sentenced twice to imprisonment for the same crime, one suspended execution, and one fine. In particular, on April 24, 2014, the Busan District Court sentenced six months to imprisonment for the crime of violation of the Toxic Chemicals Control Act at the Busan District Court on June 16, 2014, and committed the crime of this case at once again during the repeated crime period, even after the execution of the above punishment was completed on June 16, 2014, there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower court is sentenced, and the sentencing equality in sentencing with the same and similar cases, age and character of the defendant, character and environment, motive and circumstance of the crime, etc., and the sentencing range of punishment imposed by the lower court constitutes imprisonment with prison labor for not more than one year nor more than six years (1 to six years).

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

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

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, "No. 2" of the 1st sentence of the judgment of the court below was consumed by appraisal.