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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant (unfair sentencing)’s sentence (7 million won) sentenced by the lower court is too unreasonable.
B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.
2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant recognized the instant crime and reflects his/her mistake, the Defendant was subject to juvenile protective disposition three times for the same crime until the year 2012, but there was no record of criminal punishment for the same crime, and if the sentence becomes final and conclusive due to the instant crime, the suspended sentence of imprisonment (three years of suspended sentence for one year) which became final and conclusive upon being sentenced to the sentence, which appears to be favorable to the Defendant in light of the nature of the instant crime or the attitude of the instant crime, etc.
On the other hand, the inhalement of hallucinogenic substances, such as the crime in this case, is not only prejudicial to social soundness due to addiction and side effects, but also is likely to cause secondary damage due to other crimes in a state of decliation, and thus requires a corresponding punishment. As seen earlier, there is a record of juvenile protective disposition due to the same crime, and the crime in this case was committed despite the suspension of the execution of imprisonment with prison labor due to the crime in this paper.
The above circumstances and the defendant's age, sex, environment, means and methods of crime and results, all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, equity in sentencing with the same and similar cases, and the judgment of the court below.