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(영문) 창원지방법원 2016.01.20 2015노2727
화학물질관리법위반(환각물질흡입)
Text

Defendant

A All appeals against A and the Defendant B of the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the above defendant A (six months of imprisonment) is too unreasonable.

B. The Prosecutor (as to Defendant B)’s sentence (as to the above Defendant KRW 3 million) sentenced by the lower court is unreasonable as it is excessively unhutiled.

2. Determination

A. Although there are favorable circumstances such as Defendant A’s confession and reply to the determination of unfair sentencing, and the fact that Defendant is suffering from addiction treatment, Defendant has been punished for the same kind of crime in the past. Defendant committed each of the instant offenses even during the period of repeated crime due to special larceny as indicated in the lower judgment. Defendant on July 3, 2015 committed an offense on May 1, 2015, which was committed after the public prosecution was instituted on June 25, 2015, and was committed after the prosecution was instituted on June 25, 2015, and the extent of the recommended sentence according to the sentencing guidelines of the Supreme Court’s sentencing sentencing committee (from June 1 to October), and other unfavorable circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence was excessively unreasonable, considering various conditions of sentencing as indicated in the instant case’s records and arguments.

Therefore, Defendant A’s argument of sentencing is without merit.

B. Although there are extenuating circumstances such as the Defendant’s past history of receiving juvenile protective disposition for the same crime, even during the period of repeated crime due to special larceny, the Defendant committed each of the crimes of this case. However, there is no special reason to change the sentencing after the sentence of the lower court, and there is no other reason to change the sentencing after the sentence of the lower court, taking into account the following factors: the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and the conditions of various sentencing specified in the records and arguments, such as the circumstances after the crime.

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