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(영문) 인천지방법원 2015.01.23 2014노3246
유사수신행위의규제에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The judgment of the court below on the summary of the grounds of appeal (the defendant AE: the fine of KRW 5 million; the fine of KRW 3 million for the defendant AG) is excessively unreasonable.

(2) On the date of the first trial, the Defendants appear to have suffered damage rather than the act of receiving the same kind of goods in this case, and Defendant AG is the first offense.

However, the court below seems to have sentenced the punishment by fully considering the favorable circumstances for the defendants, and there is no special change in the court below's punishment.

In addition, comprehensively taking into account the following circumstances: equity with the sentence imposed by accomplices; motive, background, means and consequence of the instant crime; circumstances after the commission of the crime; the age and character of the Defendants; character and conduct; intelligence and environment; family relationship; etc., the sentence imposed by the lower court is inappropriate and unreasonable to the extent that it should be reversed.

The Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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