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(영문) 수원지방법원 2013.12.05 2013노4897
유해화학물질관리법위반(환각물질흡입)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and one hundred thousand won of collection) is too unreasonable.

2. The judgment of the defendant is divided into and reflects the wrongness, and the crime of this case is limited to the one-time medication and the inhalement of hallucinogenic substances, respectively, and the fact that the defendant voluntarily surrendered to the act of shotphone medication.

However, the defendant not only has the history of being punished for the same crime but also committed each of the crimes in this case without being aware of the fact that the defendant committed a repeated crime even during the period of repeated crime, and the defendant was arrested by the police officers who received 112 reports from the hotel staff and called out after receiving 112 reports in the hotel room. In light of the above circumstances, the defendant's dependence on hallucinogenic substances seems to be significant, and the defendant needs to be isolated from the harmful environment, and the court below determined the punishment by taking into account all the above circumstances, and considering all the sentencing conditions in the records and arguments of this case, it cannot be deemed that the sentence 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 since it is without merit. It is so decided as per Disposition.

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