(영문) 서울동부지방법원 2018.01.25 2017노1291



The defendant's appeal is dismissed.


1. Summary of grounds for appeal;

A. The Defendant is not guilty because he/she failed to comply with the F’s request for duplication within 15 days due to a failure to obtain appropriate instructions from the head of the cooperative.

B. The sentence sentenced by the lower court against the Defendant (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court as well as the testimony of the witness H of the party, the Defendant is sufficiently recognized that he did not comply with the request of the president of the association within 15 days, even though he was ordered to comply with the request of the president of the association.

The defendant's assertion of mistake is without merit.

B. Examining all the conditions of sentencing as shown in the argument of this case, such as the Defendant’s age, sexual conduct, family environment, background and result of the instant crime, etc., the lower court’s punishment against the Defendant is too excessive and unfair. Thus, the Defendant’s argument of sentencing is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.