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1. The part of the judgment below on the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
A seized principal and several copies (Evidence...)
Reasons
In light of the summary of the grounds for appeal on the part of the case by the defendant (unfair sentencing) and the various sentencing conditions in this case, the punishment (i.e., imprisonment for two years and six months, and one principal and one another) sentenced by the court below to the defendant and the requester for the treatment and custody (hereinafter referred to as the "defendant") is too unreasonable.
Judgment
Examining the various sentencing conditions of this case, the crime of this case is that the defendant inhaled a luene containing Toluene in a white plastic paper after the defendant put it into a white plastic paper, and then inhaled each substance at the entrance of a vinyl paper. In light of the motive, circumstance, method, etc. of the crime, the crime of this case is not good, and the crime is very serious, in light of the motive, circumstance, method, etc. of the crime, and in addition, the inhaled of the luorous substance, such as the luor, has to avoid and conceal the body and health of the inhaled person, and there is a need to strictly punish the defendant because it is highly likely to lead to the second crime due to its halluity and toxicity. In particular, on April 30, 2014, the defendant was sentenced to two years of imprisonment with prison labor and completed September 26, 2016, and committed a repeated crime of this case for the same kind that is disadvantageous to the defendant during the term of punishment.
On the other hand, considering the fact that the defendant shows the perception and reflect of the crime of this case, the crime of this case was committed in a simple inhaled, and did not proceed to the secondary crime, and considering the defendant's past records, it seems more effective to take treatment through the treatment, custody, etc. than gradually aggravated punishment for the defendant. Accordingly, the defendant also desires to receive treatment through the treatment, custody, etc., which is favorable to the defendant.
As above, the defendant's age, sex, environment, family relationship is different from the sentencing factors unfavorable or favorable to the defendant.