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(영문) 수원지방법원 2015.08.28 2015노3206
화학물질관리법위반(환각물질흡입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment defendant has a record of being sentenced to 10 times of punishment for the same crime, has committed the crime of this case again during the period of repeated crime due to the same crime, and assaulting police officers performing official duties in the state of inhaleing hallucinogenic substances.

However, considering the Defendant’s age, character and behavior, environment, criminal records, motive, means and consequence of the instant crime, etc., the punishment sentenced by the lower court is deemed unfair, as it is unreasonable, considering all of the sentencing conditions in the instant pleadings, such as the Defendant’s confession and reflect on the instant crime, and the one-time simple inhalement.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to each corresponding column of the judgment of the court below, and such facts are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

1. Article 59 subparagraph 6 of the relevant Article of the Chemicals Control Act, Article 22 (1) of the Chemicals Control Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning a crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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