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(영문) 대구지방법원 2016.06.22 2016노1297

화학물질관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (a prison term of eight months, confiscation) is too unreasonable.

2. It is recognized that the defendant repents his mistake.

However, the Defendant committed the instant crime without being aware of not only one time of fine, two times of suspended sentence, one time of imprisonment, and two times of juvenile protective disposition, but also without being aware of the period of repeated crime due to the same kind of crime; the Defendant was punished by a fine over 00 times as a secondary crime; there is no change of circumstances that may otherwise determine the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, such as the circumstances after the crime, shall not be deemed to be unfair by taking into account all of the sentencing conditions specified in the instant argument, including the Defendant’s age, sex, environment, motive, means and consequence of the instant crime;

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.