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(영문) 서울동부지방법원 2015.03.27 2014노1518

퇴거불응

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 300,00) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the Defendant’s mistake reflects the victim’s fault, agreed with the victim smoothly, appears to have reached an contingent crime in the process of obtaining money lent to the victim, and that there is no record of being sentenced to suspension of qualification or more severe punishment.

However, in full view of the following circumstances: (a) the Defendant was sentenced to a fine of more than ten times; (b) the Defendant was issued a summary order of KRW 700,000 as a result of the instant crime; and (c) the Defendant requested formal trial to the effect that the Defendant would have changed considering the circumstances leading to the instant crime and the circumstances agreed with the victim; and (d) the Defendant appears to have reduced part of the amount of the fine in consideration of such circumstances; (b) there was no presentation of the circumstances to change the sentence of the lower court in the trial; and (c) other various circumstances that form the conditions for sentencing, such as

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