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(영문) 인천지방법원 2015.11.20 2015노2264
전파법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. It is recognized that there are factors to consider the circumstances and contents of the instant crime, such as the Defendant’s assertion.

However, considering the favorable circumstances of the defendant, the court below seems to have sentenced to a fine of one million won by reducing the summary order of a fine of two million won after taking into account the defendant's favorable circumstances, as long as the effect of the penal law is maintained, the balance with the criminal punishment for the same criminal act should be maintained. In full view of all other factors of sentencing specified in the records, such as the defendant's age, character and conduct, environment, motive and circumstances leading to the crime of this case, and circumstances before and after the crime, even if considering the circumstances cited in the grounds for appeal, the court below's sentence against the defendant is too unreasonable. Thus, the defendant's above assertion is not acceptable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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