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(영문) 서울중앙지방법원 2013.05.09 2013노997

유해화학물질관리법위반(환각물질흡입)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and two months of imprisonment) is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s decision on the grounds for appeal reflects the Defendant’s mistake in depth; (b) the self-denunciation in the case of a crime related to phiphones; and (c) the Defendant cooperates with the investigation of narcotics by accomplices.

However, in full view of the various circumstances, including the Defendant’s age, character and conduct, the environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, the Defendant’s punishment imposed by the lower court is too excessive and unreasonable, and thus, it is not recognized that the Defendant’s assertion is unreasonable on the grounds that the Defendant’s punishment imposed by the lower court is too excessive and unreasonable, even though the Defendant was investigated by the investigative agency as a result of the crime related to the instant phiphones in this case. In addition, the lower court determined the punishment in consideration of the circumstances favorable to the Defendant, and there is no special change in circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower court was rendered.

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

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the judgment of the court below shall be corrected because the first head of the 2013 senior group30 case among the facts constituting the crime in the judgment of the court below is to dismiss "suspects" as "defendants".