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(영문) 인천지방법원 2018.04.05 2017노3555
화학물질관리법위반(환각물질흡입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. In light of the fact that the Defendant had the record of juvenile protective disposition for the same kind of crime committed in the year 2016, which was currently under suspension of execution, the Defendant committed the instant crime, there is a need to strictly punish the Defendant. However, in full view of the various circumstances (such as the fact that the Defendant’s mistake is closely against his/her own mistake, the intention of active guidance of the appearance, the poor family environment, etc.) as stated by the lower court, and the fact that there is no record of criminal punishment except for the sentence of the above suspension of execution, and other sentencing conditions as shown in the arguments, such as the Defendant’s age, sex, sex, environment, means and method of crime, result, etc., it cannot be said that the Defendant’s punishment imposed by the lower

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 189 of the Criminal Procedure Act on the costs of lawsuit).

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