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(영문) 서울동부지방법원 2017.10.20 2017노799
학교보건법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 1.5 million imposed by the court below is too unreasonable in light of the following: (a) the summary of the grounds for appeal (unfair sentencing) of the defendant's criminal conduct is an extenuating circumstance; and (b) the economic situation is not good.

2. In full view of the reasons for sentencing indicated in the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by fully considering the various reasons for sentencing alleged by the Defendant, and there are no special circumstances to the extent that the said sentence is modified.

In the end, the defendant's argument of sentencing is not acceptable.

3. In conclusion, the Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That the “School Health Act” in the judgment of the court below is obvious that it is a clerical error in the former School Health Act (amended by Act No. 13946, Feb. 3, 2016). Thus, it is corrected that it is modified as above in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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