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(영문) 울산지방법원 2016.12.23 2016노1685
화학물질관리법위반(환각물질흡입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. Determination: (a) the Defendant had been punished several times including punishment for the same kind of crime even before the instant case; (b) the fact that the instant crime was committed during the repeated crime period for the same kind of crime, etc. was committed against the Defendant; (c) or was committed against the Defendant; (d) although the Defendant committed the instant crime during the repeated crime period, he/she could have faithfully performed his/her family life and occupation for a considerable period after the completion of the execution of punishment; (c) but he/she appears to have committed contingent crimes without any accumulated stress; (d) from July 12, 2016, the Defendant expressed his/her intention to overcome the addiction while hospitalized and treating the “Viluenna Group after the dependence on the use of volatiles” from the date of the instant crime; (d) there was no change of circumstances or circumstances that can be newly considered after the sentence after the Defendant’s use; and (e) there is no reason to view the Defendant’s records, motive and circumstance of the instant crime, etc., as well as the circumstances, motive and reason for the crime after the judgment.

3. In conclusion, the prosecutor'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.

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