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(영문) 수원지방법원 2015.12.11 2015노5414
화학물질관리법위반(환각물질흡입)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of and reflects on the crime, and the fact that the Defendant’s inhaled three times of the crime.

However, there are extenuating circumstances, such as the fact that the defendant has a criminal record such as punishment for the same crime, that the defendant committed the crime of this case during the period of repeated crime due to the same crime, that the defendant inhales hallucinogenic substances, and that there is a need to isolate them for a certain period to prevent recidivism.

In addition, considering the Defendant’s age, character and conduct, environment, criminal records, motive and method of crime, circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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