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(영문) 울산지방법원 2020.05.15 2020노285
화학물질관리법위반(환각물질흡입)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances favorable to the defendant are that the defendant expressed a medical doctor while reflecting his/her mistake, the defendant has endeavored to treat hallucinogenic substances addiction, such as pharmacologic treatment, and some of the circumstances that can be considered in the living environment of the defendant.

On the other hand, the crime of inhaleing hallucinogenic substances not only harm an individual's body and mind, but also is a crime with a high social risk, and the defendant has the same criminal power, and in particular, the defendant committed the crime in this case again during the period of repeated crime after being sentenced to imprisonment for the same kind of crime in the immediately preceding year.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character, conduct and environment, etc., the lower court’s punishment seems to be within a reasonable and appropriate scope, and cannot be deemed excessively heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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