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(영문) 광주지방법원 2017.02.16 2016노1107
경범죄처벌법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three days of detention) by the lower court is too unreasonable;

2. The lower court sentenced the Defendant to a punishment, taking into account the following: (a) the Defendant was under the influence of alcohol and was subject to false reporting; (b) the Defendant revoked reporting two hours after the false reporting; and (c) the degree of waste of investigation power caused by false reporting was not serious.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that the lower court’s sentencing is deemed unfair or that it is deemed unfair to maintain the judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, comprehensively taking account of the circumstances after the crime, the Defendant’s age, sexual behavior, environment, etc., and other various sentencing conditions specified in the records and arguments, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.

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