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(영문) 수원지방법원 2016.08.31 2016노3773

화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and two months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The judgment that the Defendant recognized and reflected the instant crime.

However, the crime of this case is the inhalement of the main body containing hallucinogenic substances in the toilets in the building, which are public places, and the quality of the crime is not good.

Defendant has been punished for the same kind of crime, and in particular, committed the crime of this case during the period of repeated crime for the same kind of crime.

In addition, the lower court’s sentencing is determined to be appropriate, and it does not seem unfair because it is too unreasonable, in light of the following circumstances, comprehensively takes account of the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as indicated in the previous theory.

Therefore, the defendant's above assertion is without merit.

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