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(영문) 서울북부지방법원 2019.01.24 2018노2063
화학물질관리법위반(환각물질흡입)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable (two months of imprisonment and confiscation).

2. Although there are no circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime, the lower court appears to have sentenced the sentence in full view of such circumstances, and in this case where there are no changes in circumstances newly considered in the trial, it is reasonable to respect the sentencing of the lower court in this case.

In particular, even in 2014, the defendant had a record of being punished for committing the crime of driving a motor vehicle while inhaleing the main body, and in the case of 2014, the defendant had already been placed a prior position of suspended execution despite the same criminal power (the case of theft of pedestrians' wall while inhaleing the main body).

In addition, even if all the conditions of sentencing specified in the pleadings of the instant case, such as the character and conduct of the Defendant, home environment, economic form, motive for the crime, and circumstances after the crime, the lower court’s punishment is unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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