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(영문) 부산지방법원 2017.01.12 2016노4309
화학물질관리법위반(환각물질흡입)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. There are extenuating circumstances such as the Defendant’s confession of the instant crime and reflects the mistake.

However, the crime of this case is not likely to be a crime that the defendant inhaled the hallucinogenic substance from a mountain road, which is a public place. The defendant has eight times the history of criminal punishment for the same kind of crime, and thereby commits the crime of this case at the same time during the period of repeated crime. In addition, considering various sentencing conditions such as the defendant's age, sexual conduct, environment, means and method of crime, and circumstances after the crime, the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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