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(영문) 서울동부지방법원 2015.03.26 2014노1626

식품위생법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,000,000 won of fine) pronounced by the court below is undue.

2. The circumstances favorable to the Defendant include the fact that the Defendant led to the confession and reflect of the instant crime, the fact that the Defendant did not have any previous record of a fine or heavier punishment, and the family members to support.

However, even though the defendant had been punished seven times due to the same crime, he/she committed the crime of this case again after the suspension of business, continued to operate his/her business after receiving an order to close the place of business by committing the crime again after the suspension of business, and the fact that the sale of alcoholic beverages to juveniles and the nature of the crime is not good, etc., which are disadvantageous to the defendant. In light of these circumstances and all other factors of sentencing specified in Article 51 of the Criminal Act as stated in the argument of this case, the sentence imposed by the court below is too unreasonable.

Therefore, 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.