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(영문) 서울고등법원 2016.12.27 2016노3264
화학물질관리법위반(환각물질흡입)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Vinyl chloride that was seized in the disposition of the lower court.

Reasons

Summary of Grounds for Appeal

Part of Defendant case - The sentence (one year and six months of imprisonment) imposed by the lower court on Defendant and the requester for medical treatment and custody (hereinafter referred to as “Defendant”) is too unreasonable.

In the past, the Defendant has received medical treatment and custody in the part of the claim for medical treatment and custody, and did not have any help but have a negative aspect by living with drug offenders, and as the Defendant’s social compensation is decent and may receive medical treatment in family and society, it is unreasonable for the lower court to accept the claim for medical treatment and custody of this case.

Judgment

Part of the defendant's case - The defendant's fault is divided by recognizing both the defendant's crime of unfair sentencing and not repeating the crime, and the fact that the amount of damage caused by the possession is relatively large, is favorable to the defendant.

On the other hand, even though the defendant had a previous record of inhaleing hallucinogenic substances 17 times, he again committed the violation of the Chemicals Control Act (hesting hallucinogenic substances) during the same repeated period, and further, the defendant embezzled a physical cam card lost by the victim E and uses it to take the property from the victims, etc. are disadvantageous to the defendant.

In addition, the above circumstances and the defendant's age, character and conduct and environment, means and methods of committing the crime, all the sentencing conditions shown in the arguments in the present case, such as the motive and circumstances after committing the crime, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Commission [the scope of recommending punishment] / [the scope of recommending punishment] / the category 1 of narcotics crimes in the special aggravation area ( August to February and 3), the category 2 of crimes in the special aggravation area (including special persons under probation for a period of not more than 3 years), and the category 1 of general fraud [the scope of recommending punishment].

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