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(영문) 서울남부지방법원 2013.09.27 2013노1358
유해화학물질관리법위반(환각물질흡입)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment that the defendant repeats the same criminal conduct during the period of probation is disadvantageous to the defendant.

Meanwhile, there are some circumstances that may be taken into account the background of the instant crime due to stress arising from divorce and bringing up of children, and those that reflect in depth is favorable to the Defendant.

In addition, comprehensively taking account of various circumstances, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the Defendant’s age and happiness environment, etc., as indicated in the records and pleadings, the sentence imposed by the lower court is too minor or unreasonable.

3. Wherefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is so decided

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