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(영문) 수원지방법원 2017.07.21 2017노2726
화학물질관리법위반(환각물질흡입)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the 8th month imprisonment and the confiscation of seized articles) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. However, there are extenuating circumstances to consider the Defendant, such as the fact that the Defendant recognized the instant crime and divided his mistake, and the fact that the Defendant voluntarily surrendered.

However, the crime of this case is likely to be criticized in that the defendant inhales a contact with luene, which is a hallucinogenic substance, on two occasions, and the nature of the crime is not weak, and the defendant has already been punished ten times for the same crime in this case, and there is a high possibility of criticism in that he committed the crime of this case even though he committed the crime of this case during the period of repeated crime after the execution of the last sentence is completed.

Considering the various circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is deemed appropriate and does not seem to be unfair because it is too heavy or unbrupted.

3. According to the conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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