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(영문) 수원지방법원 2013.09.26 2013노3690

유해화학물질관리법위반(환각물질흡입)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (10 months of imprisonment, confiscation) is too unreasonable.

2. Although the judgment of the court below has divided the defendant's wrong and failed to repeat the crime, the defendant is required to isolate the defendant from hallucinogenic substances for a certain period in order to improve the habition of inhaled hallucinogenic substances even though he had already been punished several times for the same crime, and there is no special circumstance or change in circumstances that can be newly considered in sentencing after the decision of the court below, and all the sentencing conditions such as the defendant's age, character and behavior, environment, motive for the crime, and circumstances after the crime do not seem to be too unreasonable.

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