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(영문) 수원지방법원 2018.06.29 2018노2279
화학물질관리법위반(환각물질흡입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. The inhalement of judgment hallucinogenic substances is not only detrimental to the soundness of society itself due to their addiction and side effects, but also is likely to cause secondary damage due to other crimes in a rectangular state. Therefore, it is necessary to strictly punish them.

In addition, the Defendant has been punished five times for the same crime (two times for actual punishment, one suspended sentence, and two times for a fine) and is punished by a fine and a suspended sentence, despite being sentenced, the Defendant is likely to repeatedly criticize the instant crime during the same repeated crime period.

However, prior to committing the instant crime, the Defendant seems to have made efforts to the maximum extent possible, such as receiving treatment for addiction to hallucinogenic substances for five months at the hospital.

The defendant is the most supported by his family, and the social ties are relatively close, such as the family members such as the wife of the defendant wanting to take the measures against the defendant.

I seem to appear.

This is the circumstances favorable to the defendant.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, frequency of a crime, and circumstances after committing a crime, the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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