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(영문) 서울고등법원 2014.08.14 2014노1530
유해화학물질관리법위반(환각물질흡입)등
Text

Defendant

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

Criminal facts in the context of the application of statutes of the lower judgment.

Reasons

1. Part of the defendant's case

A. The gist of the reasons for appeal is that the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

B. The judgment of the defendant and the candidate for medical treatment and custody (hereinafter “defendants”) are often divided into depth of their mistakes, and the fact that they agreed with the victim of the crime violating the Punishment of Violences, etc. Act is an element of sentencing favorable to the defendant.

However, the Defendant committed each of the crimes in this case including the same crime during the period of repeated crime after the execution of imprisonment was completed due to the crime violating the Toxic Chemicals Control Act, and the Defendant threatened the victim without carrying dangerous things despite having been punished as violent crime, and in full consideration of the following circumstances, including the Defendant’s age, character and conduct, environment, circumstances of the crime, and circumstances before and after the crime, etc., the Defendant’s punishment is too unreasonable, and the Defendant’s assertion is without merit.

2. If the part of the medical treatment and custody application case raises an appeal against a prosecuted case, it shall be deemed that an appeal has been filed regarding the medical treatment and custody application case pursuant to Article 14(2) of the Medical Treatment

However, among the judgment below, the Defendant did not submit the grounds for appeal on the part where the Defendant is placed in medical treatment and custody, and even ex officio, there is no reason to reverse the part of the judgment below’s claim for medical treatment and custody.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. However, in the application of the statutes, the judgment of the court below omitted the statement to the effect that each offense of violating the Toxic Chemicals Control Act is concurrent crimes, which constitutes a case where it is obvious that there is any error in the decision of the court below, and thus, the application of the

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