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(영문) 창원지방법원 2016.11.03 2016노1533

총포ㆍ도검ㆍ화약류등의안전관리에관한법률위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two years of suspended sentence in October, community service, confiscation) of the original judgment is too unreasonable.

2. The judgment was based on the following facts: (a) the Defendant, who led to the confession of an offense, and the Defendant had no criminal record exceeding the same criminal record or fine; and (b) on November 26, 2015, the Defendant, who did not have any criminal record exceeding the same criminal record or fine, was sentenced to a fine of KRW 2 million due to a violation of the Animal Protection Act by killing

(C) The Supreme Court Decision 2015 Masan Branch Decision 2015 Masan Branch Decision 2015 Ma4192). It is a favorable reason for sentencing, and there is a need to strictly punish a gun with serious harm to public safety when it is manufactured and distributed illegally.

In full view of the above sentencing factors, considering the Defendant’s age, family relation, economic situation, background and motive leading to the crime, and all other matters regarding the sentencing specified in the records and arguments in this case, the judgment below’s punishment is deemed appropriate, and the Defendant’s assertion is without merit.

3. 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.