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(영문) 청주지방법원 2017.01.26 2016노990
수상레저안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is divided into and reflected in the crime of this case.

The defendant seems to have caused the crime of this case by taking a water skiing course, etc. against customers upon the request of the co-defendant A, who is pro-friendly by the court below.

In the case of this case, the subsidiary food mooring facilities, etc. used for the crime of this case were removed.

The defendant seems to have experienced economic difficulties and is in the position to support his/her family.

Circumstances unfavorable to the defendant are as follows:

The period for the defendant to operate illegal water leisure business jointly with A is not shorter than the period.

In around 2015, the Defendant was sentenced to a fine of KRW 2,00,000 for a violation of the River Act (the foregoing case appears to have committed an offense when the Defendant engaged in aquatic leisure business together with A). The Defendant is subject to a criminal punishment of imprisonment with prison labor, even though he/she was a criminal act for a different types of crimes.

In the above circumstances, there is no change in circumstances that may change the sentence of the court below differently in the trial. Considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions stated in the record and the changed theory, such as the circumstances after the crime, the sentence of the court below is too unreasonable.

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.

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