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(영문) 수원지방법원 2015.10.13 2015노4337
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances to consider the Defendant’s confession and reflect on the Defendant’s crime, such as the fact that the Defendant committed the instant crime under the influence of alcohol and led to contingent crimes.

However, in full view of the following: (a) there are several criminal records, including the Defendant’s punishment for the same crime; (b) the Defendant committed the instant crime during the period of the same repeated crime; and (c) there is a need to isolate hallucinogenic substances for a certain period to prevent recidivism; and (d) other circumstances, such as the Defendant’s age, character and conduct, environment, motive and method of crime, etc.; and (c) there are no data newly discovered in the course of the judgment of the lower court’s sentencing in the course of the trial of sentencing, the lower court’s punishment cannot be deemed unfair because it is too too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.

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