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(영문) 부산지방법원 2018.11.16 2018노2767
주택법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (each fine of one million won) declared by the court below is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, each of the lower court’s sentencing against the Defendants was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeals by the Defendants are without merit. It is so decided as per Disposition (Article 39(1) and (3) of the Criminal Procedure Act on the grounds that it is apparent that “Article 30 and 30 of the Criminal Act” was omitted by mistake following the column for the application of the statutes in the judgment of the court below. Thus, it is correct to add it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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