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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2019.09.18 2019노1359
가축분뇨의관리및이용에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s sentence against the Defendants on the grounds of appeal (e.g., imprisonment of April, suspension of execution of sentence of two years, community service order of 80 hours, Defendant B: fine of seven million won) is too unreasonable.

2. The lower court, on the favorable basis that the Defendants appeared to have committed all crimes, determined a sentence by taking account of the unfavorable circumstances, such as the fact that Defendant B had been punished several times for the same kind of crime, and by taking account of all the factors of sentencing, including the relation, age, environment, motive and circumstance of the crime, and circumstances after the crime.

The grounds for unfair sentencing alleged by the Defendants seem to be the circumstances in which the lower court has already taken full account of the Defendant’s punishment.

In addition to the above sentencing conditions, considering that, in the case of Defendant B, the crime of this case is not good during the period of suspended execution due to the same kind of crime, the lower court’s punishment against the Defendants is reasonable within the reasonable scope of discretion.

Therefore, since the court below’s punishment is heavy, the Defendants’ assertion cannot be accepted.

3. In conclusion, the defendants' appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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