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(영문) 수원지방법원 2020.01.17 2019노5606
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as indicated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and the circumstances alleged by the Defendant as the grounds for appeal are also deemed to have been already reflected in the sentencing process

There is no special change in circumstances that may change the punishment of the court below in the trial.

Considering the Defendant’s age, occupation, character and conduct, environment, family relationship, health status, criminal records, and the contents thereof (the same type of crime has been punished several times, and the repeated crime has been committed even during the period of repeated crime due to the same kind of crime), the attitude and nature of the offense in the investigation agency and the court, the motive, means and consequence of the crime, and the circumstances after the crime, etc., various circumstances that form the conditions for sentencing specified in the lower court and the arguments at the party hearing, such as the circumstances after the crime, it cannot be deemed that the Defendant’s punishment against the Defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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