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(영문) 의정부지방법원 2014.07.17 2014노1096
유해화학물질관리법위반(환각물질흡입)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The punishment of the original judgment against the accused (one year of imprisonment) is too unreasonable.

2. The judgment is 15 times prior to that of the Defendant, and the sentence is 11 times prior to that of the Defendant, and the crime of the instant case is also committed again 10 days prior to that of the same criminal act. However, in full view of the Defendant’s health condition, Defendant’s age, Defendant’s age, character and conduct, motive, means and consequence, and the conditions of sentencing as indicated in the instant pleadings, such as the circumstances after the crime, the sentence against the Defendant is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the evidence and criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice of imprisonment;

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

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