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(영문) 서울중앙지방법원 2016.10.20 2016노3003
화학물질관리법위반(환각물질흡입)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In full view of all the sentencing conditions in the records and arguments of this case, such as the Defendant’s age, character and conduct, family relationship, and circumstances after the crime, the lower court’s sentence against the Defendant is deemed appropriate.

Considering the fact that the Defendant was sentenced to medical treatment and custody on February 10, 2015 in the Gwangju District Court’s net support, and the execution of medical treatment and custody on February 10, 2015 is provisionally terminated, it is difficult to deem the Defendant to have a separate claim for medical treatment and custody, and even if considering the fact that the above provisional termination can be re-execution of medical treatment and custody upon cancellation of the provisional termination, the lower court’

Defendant’s assertion is without merit.

The favorable circumstances: The recognition of the crime of this case and reflects, the fact that the defendant was trying to overcome the addiction of Toluene for six months after release, the fact that the defendant has been punished six times in total, including three times of imprisonment with labor for the same kind of crime, and that the defendant was not subject to the suspension of the crime of this case during the repeated crime period. The driving of the motor vehicle under the influence of medication is highly dangerous social.

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

(However, according to Article 25 (1) of the Regulation on Criminal Procedure, it is corrected to delete 6,7 of the judgment of the court below ex officio.

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