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(영문) 부산지방법원 2015.11.20 2015노3306
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

2. However, it is recognized that the defendant led to the confession of the crime of this case, and his mistake is divided, and the crime of this case was committed by the defendant, who is a hallucinogenic substance, inhales the industrial key contained in Toluene once.

However, the Defendant has been sentenced to 16 times the sentence for the same crime and one year and two months of suspended execution, and in particular, on September 13, 2013, the Busan District Court sentenced one year and two months of imprisonment for the crime of violation of the Toxic Chemicals Control Act at the Busan District Court on July 20, 2014, and completed the execution of the sentence, the Defendant committed the instant crime at another time during the period of repeated crime; the instant case is detained for a violation of the Rule; the Defendant was subject to a disciplinary punishment for 2 months of deferred 10 days of grace due to the violation of the Rule during confinement; there is no special circumstance or change of circumstances that may be newly considered after the sentence of the lower court is sentenced; the equity in sentencing with the sentencing with the same and similar cases; the Defendant’s age, character and behavior; the motive and circumstance of the environmental crime; and the sentence imposed by the lower court on the argument in this case after the crime constitutes imprisonment with prison labor for not more than 1 to 3 years of suspended execution (special sentencing).

In full view of the lower limit, it is not recognized that the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too large.

Therefore, the defendant's above assertion is not accepted.

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

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, two pages of the judgment of the court below are five.

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