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(영문) 서울동부지방법원 2013.11.28 2013노1195
유해화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant appears to have committed the instant crime, and the Defendant appears to have an attitude that seems to be contradictory to the Defendant, and the fact that the Defendant requires the support of his family, including the Defendant, due to his old mother, is considered in favor of the Defendant.

However, in light of the legislative intent of the Toxic Chemicals Control Act, which attempts to properly control toxic chemicals and prevent harm to public health and the environment, the crime of this case is not less vulnerable to the nature of the crime, and the defendant has been punished by imprisonment, suspension of the execution of imprisonment, and fines for the same kind of crime several times, and in particular, on August 17, 2012, the Suwon District Court was sentenced to one year for the crime of violation of the Toxic Chemicals Control Act in Sungnam branch of the Suwon District Court on May 19, 2013, and the defendant again committed the crime of this case during the period of repeated crime that is not less than two months from the time of release without being aware of the completion of the execution of the sentence, and all other circumstances revealed in the records and arguments, such as the defendant's age, character, character and environment, occupation, power, the background, means and result of the crime of this case, and the situation before and after the crime, the sentence of the court below is too unreasonable.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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