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(영문) 부산지방법원 2014.12.04 2014노3732
유해화학물질관리법위반(환각물질흡입)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the judgment accused has been subject to punishment several times for the same crime, and in particular, after having been sentenced to medical treatment and custody for the same crime in 2010 and received a provisional termination of medical treatment and custody for the same crime, he/she again commits the instant crime during the probation period after having been subject to a provisional termination of medical treatment and custody for the same crime, the nature

However, in full view of the following factors: (a) the Defendant appears to have led to the instant crime; (b) the Defendant was placed on probation in a relatively sincere manner during the period of probation for three years; (c) the Defendant was placed on probation for two months after the expiration of the period of probation; (d) the Defendant’s provisional disposition for medical treatment and custody for the Defendant should be revoked; and (e) the Defendant’s age, character and conduct, motive for the instant crime, circumstances after the instant crime, etc., and (e) the Defendant’s punishment is somewhat heavy.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 of the relevant Act and Articles 58 subparagraph 3 and 43 (1) of the Toxic Chemicals Control Act concerning facts constituting an offense, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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