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(영문) 서울남부지방법원 2016.05.13 2015노1205
증권거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant suffers from the liver quality, the sentence of the court below (the imprisonment of 10 months, the suspension of the execution of 2 years, and the community service for 120 hours) is unfair.

2. According to the records, it is recognized that ① the Defendant voluntarily surrendered to the prosecution, and there is no evidence to acknowledge that the Defendant received money and valuables in return for the instant crime, and that the Defendant submitted the medical certificate after receiving the diagnosis of “Oil eilsy, brain typy, cepussy, and Bennn Hyn typensy” in the trial of the party.

② However, the above medical certificate states that “the Defendant has recently been suffering from pharmacologic treatment due to brain pain,” and on April 12, 2016, the summary of his oral argument stated that the Defendant engaged in voluntary activities to collect and clean laundry at a sanatorium for older persons for two years from February 2014 to April 2016.

In light of the fact that the defendant is in a difficult condition to implement the community service order.

In full view of the fact that it is difficult to see the Defendant’s accomplices, such as D, and the fact that they were sentenced to a community service order for a considerable period of time, and ③ other circumstances, such as the background, means, results, and the circumstances after the crime of this case, the sentence of the lower court cannot be deemed unfair because the sentence of the lower court is too unreasonable.

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

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