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(영문) 대구지방법원 2017.07.06 2016노5752
농수산물의원산지표시에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (3 million won in penalty) is too unreasonable.

2. The lower court rendered the said sentence by taking into account the circumstances favorable to the Defendant’s old age and economic difficulties, and the Defendant’s period of committing the crime has reached one year, and the number of times is not significant, into account.

In addition to the above circumstances, considering the defendant's previous convictions for the same kind of fine, the court below's punishment imposed on the defendant in light of the defendant's age, sexual conduct, environment, background leading up to the defendant's crime, means and consequence, scale of the crime, and circumstances after the crime, etc., the court below determined that the sentence imposed on the defendant is appropriate, and the judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Therefore, as claimed by the Defendant, the lower court’s sentencing is too unreasonable because it is too unreasonable.

3. Accordingly, 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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