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(영문) 수원지방법원 2013.11.14 2013노2760

공무상표시무효

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (the fine of 500,000 won) against the defendant is too unreasonable.

Judgment

In light of the circumstances favorable to the Defendant’s age, mistake is divided, the equity between the Defendant and the Defendant’s judgment should be considered at the same time, and the fact that the auction procedure is normally conducted upon the Defendant’s application for the transfer of the attached property place after the instant crime, and the obligee does not suffer substantial damage, etc., the lower court appears to have sentenced to a fine more reduced than the summary order, taking into account such circumstances, given that the lower court’s arbitrary transfer of seized property equivalent to the total assessed amount of KRW 9.46 million, and that the instant crime is not easy, taking into account all the sentencing conditions as indicated in the instant records and arguments, such as the Defendant’s character and conduct, environment, circumstances of the Defendant, and circumstances after the crime.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.