유해화학물질관리법위반(환각물질흡입)등
All judgment of the court below shall be reversed.
The defendant shall be punished by imprisonment with prison labor for four months and the second instance for each crime in the judgment of the first instance.
1. The summary of the grounds for appeal (the judgment of the first instance court: imprisonment with prison labor for eight months and the judgment of the second instance: imprisonment with prison labor for eight months) that the court below pronounced on the defendant is too unreasonable.
2. Determination
A. As to the judgment of the first instance court, in light of the fact that the Defendant was sentenced to one year and two months of imprisonment with labor for the crime of injury to existence and the violation of the Toxic Chemicals Control Act at the Busan District Court on August 13, 2013, which was before the instant crime, and the judgment became final and conclusive on August 21, 2013, and again committed the same kind of instant crime without being aware of the fact that he/she was under suspension of execution at the time of the instant crime, it is necessary to punish the Defendant significantly.
However, taking into account the following circumstances: (a) the Defendant led to the confession of all of the instant crimes and reflects his mistake; (b) there was no record that the Defendant was punished for the same kind of crime except for the above punishment; and (c) the instant crimes were discovered in the course of reporting the Defendant by his father while his father restrains the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and other various circumstances that form the conditions of sentencing as shown in the records and arguments, such as the circumstances after the
B. As to the judgment of the second instance court, in light of the fact that the Defendant was sentenced to imprisonment with prison labor for one year and two years for enforcement oil by the Ulsan District Court on May 21, 1997, the previous crimes of this case, and that there was a record of being sentenced to a fine of 2.5 million won on June 2, 2005 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on the Aggravated Punishment, etc. of Traffic Accidents, it is necessary to strictly punish the Defendant.
However, on August 13, 2013, the Defendant led to the confession of all of the instant crimes and against his mistake, and the Defendant was sentenced to one year and two months of imprisonment with prison labor and two years of suspended execution on August 21, 2013 at the Busan District Court, which became final and conclusive on August 21, 2013. The instant crimes were committed on January 2013.