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(영문) 대전고등법원 2015.10.07 2015노422
화학물질관리법위반(환각물질흡입)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The part of the Defendant case was appealed by the lower court against the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) on the ground that the sentence of the lower court (one year of imprisonment) is too minor.

There is a history of punishment several times for the crime of inhaleting hallucinogenic substances. However, there is no part of the prosecutor's assertion that the defendant who again committed the same kind of crime during the period of repeated crime that has not been passed since the last life was completed due to the crime, and who damaged the police station's terrestrial glass in the process should respond to more severe punishment than that of the court below.

However, as stated in the reasoning of sentencing, the lower court’s comprehensive consideration of the circumstances favorable or unfavorable to the Defendant, including the aforementioned reasons asserted by the prosecutor, and the factors of sentencing as shown in the argument of this case, and then, it cannot be deemed that the sentence against the Defendant set within the recommended range in the sentencing guidelines set by the Supreme Court sentencing committee, which applies to each of the crimes of this case, is too unreasonable to the extent that it should not be reversed.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

2. According to Article 14(2) of the Medical Treatment and Custody Act, where a prosecutor files an appeal against a prosecuted case, a prosecutor shall be deemed to have filed an appeal regarding a medical treatment and custody case. However, the prosecutor failed to submit any grounds for appeal regarding a medical treatment and custody case, and even if examining the judgment of the court below, there is no reason to investigate

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act, since all of the appeals are without merit. It is so decided as per Disposition.

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