서울남부지방법원 2013.09.13 2013노1113



The defendant's appeal is dismissed.


1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.

2. The judgment of the court below is the basic recipient of the defendant, and even though it is deemed that the health is not good, the court below has already imposed a fine issued by a summary order by taking into account all such circumstances, and there are no changes in circumstances that may consider the sentencing after the judgment of the court below. In full view of the circumstances, such as the circumstances leading to the crime of this case, the means and methods thereof, the circumstances after the crime, and the defendant's age and happiness environment, etc., and all other circumstances, which are the conditions for sentencing as stipulated in Article 51 of the Criminal Act,

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.