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(영문) 청주지방법원 2016.12.02 2016노662
화물자동차운수사업법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants is too unreasonable that each punishment (a fine of 2.5 million won) imposed by the lower court on the Defendants is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court appears to have determined the punishment against the Defendants, taking into account all favorable and unfavorable circumstances to the Defendants, and there is no change in circumstances to change the punishment of the lower court in the trial.

Therefore, we cannot accept the Defendants’ argument during the imposition of sentence.

3. As such, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since they are without merit. It is so decided as per Disposition.

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