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(영문) 울산지방법원 2018.10.05 2018노753
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. The fact that the defendant shows an attitude to reflect his mistake is an element of sentencing that can be considered for the defendant; the defendant was sentenced to the imprisonment of eight months for the same crime and committed another crime during the repeated crime period after the execution of the sentence was completed; the defendant led the crime of this case; the size of the manufacture and sale of fake transit was significant; the record of punishment for the same criminal record was two times or more including the criminal record for repeated crime; the defendant escaped for six years or more; and other factors such as the defendant's age, sexual behavior, home environment, motive and circumstance of the crime; the means and consequence of the crime; and the application of sentencing guidelines of the Supreme Court sentencing committee, etc., it is not recognized that the punishment of the court below is unfair because it is too excessive.

3. In conclusion, 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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