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(영문) 부산지방법원 2014.03.20 2014노61
유해화학물질관리법위반(환각물질흡입)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that the sentencing of the court below (two months of imprisonment, confiscation) is too unreasonable, and the prosecutor asserts that the sentencing of the court below is too uneasible and unfair.

Judgment

Considering the following circumstances: (a) the Defendant made a confession of all of the instant crimes, and the Defendant reflects in depth while taking into account the circumstances favorable to the Defendant; (b) the Defendant appears to have been subject to continuous treatment for mentally disabled persons of class 3; and (c) the Defendant had been punished seven times in the same kind of crime; and (d) five times in which he/she was sentenced to a sentence, and (e) he/she again again committed the instant crime; (b) the equity of sentencing with the case at a disadvantage of the Defendant; (c) the motive and circumstance leading up to the instant crime; (d) the motive and circumstance leading up to the instant crime; (e) the circumstances after the instant crime; (e) the Defendant’s age, character and conduct; and other various circumstances, which are the conditions of sentencing specified in the instant records

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

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