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(영문) 춘천지방법원 강릉지원 2015.01.27 2014노597
유해화학물질관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession of the crime, the fact that the defendant committed contingently under the influence of alcohol, and the strong will for rehabilitation such as the defendant and his family.

On the other hand, the defendant has been punished several times by inhaleing hallucinogenic substances (one suspended sentence and 11 times suspended sentence), and the crime of this case also constitutes a repeated crime of the same kind, etc. that is disadvantageous to the defendant.

In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence against the Defendant is too unreasonable.

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

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