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(영문) 수원지방법원 2017.07.14 2017노2520
화학물질관리법위반(환각물질흡입)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment and confiscation of seized articles) is too unreasonable.

2. However, there are extenuating circumstances for the Defendant, such as recognizing the Defendant to commit the instant crime and breaking his mistake.

However, the instant crime is likely to be criticized in that the Defendant, who inhales hallucinogenic substances, was sentenced to six months in prison labor in Suwon District Court in May 28, 2015 and was sentenced to six months in prison on November 7, 2015 and was sentenced to six months in prison, and was sentenced to six months in prison in Suwon District Court for a repeated crime in November 7, 2015 and was engaged in the instant crime without being aware of the nature of the crime as being driven in the situation where the Defendant is unlikely to drive normally due to the influence of hallucinogenic substances.

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

3. According to the conclusion, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of the Defendant is without merit. It is so decided as per Disposition by the court below (Provided, That since it is obvious that “the criminal facts” of the judgment below is a clerical error in the statement of criminal records, which is the date of pronouncement of the judgment on May 28, 2015, is the date of pronouncement of the judgment on the records of the crime, it is corrected to dismiss it.)

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