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(영문) 서울북부지방법원 2018.05.10 2018노402

공전자기록등불실기재등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The judgment of the court below on the summary of the grounds for appeal is unfair because the punishment of the court below (one year and six months of imprisonment, confiscation, and fine of two million won) against the Defendants is too large (the defendant A explicitly withdrawn the misconception of facts and misapprehension of legal principles on the first trial date). 2. The judgment on the grounds for appeal on the grounds of appeal on the grounds of appeal on the grounds of sentencing as stated in its reasoning, the court below sentenced the defendants to the above punishment on the grounds of sentencing.

Although there are circumstances that can be considered in light of the circumstances such as the Defendants’ recognition of all of the instant crimes, the lower court appears to have imposed a sentence by fully taking account of such circumstances, and it is reasonable to respect the sentencing of the lower court in the instant case where there is no change in circumstances that may be newly considered in the trial

In particular, in the case of Defendant A, the number of establishment of the elderly corporation shall be 141 times and the crime period shall be less than two years, and the crime quality shall be less than half.

subsection (b) of this section.

In addition, even if all the sentencing conditions specified in the argument of this case, such as the character and conduct of the Defendants, the background and result of the instant crime, are examined, the sentence of the court below is too unreasonable.

Therefore, the Defendants’ assertion is without merit.

3. Thus, the defendants' appeal of this case is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.