화학물질관리법위반(환각물질흡입)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the reasons for appeal (a prison labor of 10 months, confiscation of seized articles) is too unfluent and unreasonable.
2. The crime of this case is that the defendant inhales hallucinogenic substances, and the nature of the crime is not less than that of the defendant, and the defendant has already been punished six times for the same crime, and it is also true that there is a need for strict punishment against the defendant by raising the possibility of criticism in that the defendant committed the crime of this case without being aware of it during the period of repeated crime after the execution of the last sentence is completed.
However, in light of the fact that the Defendant recognized the instant crime and divided his mistake, and other circumstances that form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sexual conduct, environment, motive for the commission of the crime, and circumstances after the commission of the crime, the lower court’s punishment is too unfasible and unreasonable.
3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.