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(영문) 의정부지방법원 2013.11.06 2013노2051
유해화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. Although there are favorable circumstances such as the Defendant’s confession of the instant criminal facts and statement that the Defendant would not repeat again while making a statement that his mistake will be divided in depth, the Defendant was sentenced to imprisonment with prison labor for not more than one year and two months for the crime of violating the Act on the Control of Narcotics, etc. before committing the instant crime, such as the first head of the instant criminal facts as indicated in the judgment of the court below prior to being released from prison, and again committed each of the instant crimes of the same kind and similar to one year and one year after being released from prison, and again again committed the instant crime. The Defendant committed a second offense without being aware of the past records of punishment for these crimes. The lower court appears to have sentenced to six months of imprisonment with prison labor lower than the lower sentence of the recommended sentence set by the Sentencing Commission, taking full account of various favorable circumstances favorable to the Defendant, and the Defendant’s age, occupation, character, character and environment, intelligence and environment, motive, means and consequence of the instant crime, criminal records, and family relations, etc. are not recognized as being too reasonable and reasonable even if the Defendant asserts circumstances.

3. In conclusion, 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. It is so decided as per Disposition.

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