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(영문) 인천지방법원 2014.01.07 2013노3303
유해화학물질관리법위반(환각물질흡입)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is unjust because the lower court’s punishment (one hundred months of imprisonment and confiscation) is too unreasonable, and the prosecutor asserts that the said punishment is too uneasible and unjust.

2. A favorable circumstance is that the judgment of the defendant confessions all of the crimes of this case, and the defendant surrenders himself to the investigative agency.

In addition, the fact that the defendant has been punished several times for the same kind of crime is disadvantageous.

In addition, considering the circumstances surrounding each of the instant offenses, the scale of damage caused by the instant larceny, the age, character and conduct, environment, occupation, and family relationship of the Defendant, as well as the various circumstances attached to the sentencing indicated in the records, the Defendant’s assertion is without merit since the lower court’s sentence is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, 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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