[과태료결정에대한재항고][집17(2)민,077]
Method of determining the amount of fine
In rendering a judgment on a fine for negligence, the court shall make a ruling with reasons attached pursuant to this Article, and the amount shall be determined by discretion within the limit of Acts and subordinate statutes, taking into consideration all the circumstances into consideration.
Article 277 of the Non-Contentious Case Litigation Procedure Act
Thai rubber industrial specifications
Busan District Court Decision 68Ra198 delivered on February 20, 1969
The reappeal is dismissed.
The court's decision on the grounds for reappeal of a fine for negligence in rendering a judgment on the grounds for reappeal of a fine for negligence shall be made by a decision with reasons attached under Article 277 of the Non-Contentious Case Litigation Procedure Act. In light of the first instance court's decision, since it stated the violation of Article 30 of the Trade Business Act and relevant Acts and subordinate statutes in its reasoning, the court's decision cannot be deemed to be erroneous, such as the theory of litigation. In determining the amount of a fine for negligence, it is sufficient to set the amount by discretion in consideration of all circumstances within the scope of the relevant Acts and subordinate statutes, and it is not necessary to explain the reasons for considering the factors as the basis for determining the amount of the fine for negligence. In this case, the court's decision on the fine for negligence cannot be deemed to have taken into account the facts submitted by the re-appellant as the statement or the reasons before and after the application for the extension of the permission. Accordingly, the decision on the first instance court's decision that maintained the first instance court's decision is justifiable and without merit
Therefore, the reappeal is without merit, and it is so decided as per Disposition by the assent of all participating judges.
Justices of the Supreme Court (Presiding Judge) Kimchi-bi (Presiding Judge)