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(영문) 의정부지방법원 2014.11.10 2014노2052
유해화학물질관리법위반(환각물질흡입)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine each of the grounds for unfair sentencing by the Defendant and the prosecutor.

Considering that the Defendant committed the instant crime even though he/she was sentenced to a suspended sentence of imprisonment for the same kind of crime in around 2013 and was sentenced to a fine by committing the same crime in the same year, it is necessary to strictly punish the Defendant.

On the other hand, there is a favorable condition for the defendant, such as the fact that the defendant led to the confession of the crime, and that the defendant's wife wanted the defendant's wife against the defendant and leading it.

Ultimately, in full view of all the circumstances such as the Defendant’s age, character and conduct, environment, the background and contents leading to the instant crime, and the circumstances after the crime, etc., the sentence of the lower court is reasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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