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(영문) 부산지방법원 2013.12.20 2013노3266
석유및석유대체연료사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the defendant's circumstances. The sentence of imprisonment (two months of imprisonment, two years of suspended execution, and two hours of social service) of the judgment below, and in particular, the community service order portion is too unreasonable.

2. We examine the judgment, and the community service order is a system introduced in consideration of the social welfare factors that deprive a convicted criminal of his/her leisure time and increase the sense of social responsibility through his/her criminal punishment and labor through forced labor as a healthy citizen by having him/her engage in a normal social life within a given period of time, instead of having him/her detained a convicted criminal in prison. The defendant, even though he/she had been punished for the same kind of crime, has again committed the crime of this case, and can be punished for committing fraud, fabrication of private documents, etc., and the defendant's workplace life may be partly hindered, but the community service order can be implemented within the extent of not impeding his/her life through consultation with the probation office. In full view of all the circumstances revealed in the records and arguments of this case, the court below's order to suspend the execution of his/her service for the defendant for the period of August 2, 200 and the defendant's allegation that the defendant ordered the suspension of execution of his/her service for 240 hours in prison and the defendant's allegation is without merit.

3. Therefore, 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 groundless. It is so decided as per Disposition

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