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(영문) 수원지방법원 2018.03.30 2017노6269
화학물질관리법위반(환각물질흡입)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The appellate court’s sentence against the Defendants on the summary of the grounds for appeal (a fine of KRW 5 million is imposed on Defendant A, Defendant B: a fine of KRW 3 million) is too unhued and unreasonable.

2. In the instant case, considering that the Defendants conspired to inhale hallucinogenic substances, Defendant A was subject to a fine twice for the same crime, Defendant B was subject to juvenile protective disposition several times, and the possibility of recidivism is high, the Defendants need to be punished strictly.

However, in full view of the following circumstances: (a) the Defendants reflects the instant crime in depth; (b) the content of the crime was limited to once inhaled; and (c) the Defendants’ age, etc. appears to be necessary to provide more opportunities once to the extent permitted by the law; and (d) other circumstances, such as character and conduct, environment, family relationship, motive, means and consequence of the crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable and unreasonable.

3. According to the conclusion, the prosecutor’s appeal against the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals against the Defendants are without merit. It is so decided as per Disposition.

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