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(영문) 서울서부지방법원 2015.08.20 2015노522

The defendant's appeal is dismissed.


1. The main point of the grounds for appeal is that the sentence of the lower court (two million won of fine) is too heavy.

2. The judgment that the defendant recognized all of his own crimes and reflects them, that there is no record of punishment for the same kind of crime, and that the gains acquired by the crime of this case are no significant factors for sentencing favorable to the defendant.

However, the fact that the defendant did not agree with the victim, and that there is no changed circumstance after the judgment of the court below is an unfavorable sentencing factor against the defendant.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, family relationship, it cannot be said that the sentence of the court below is too unreasonable.

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