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(영문) 수원지방법원 2018.09.07 2018노3106
수상레저안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (2 million won in penalty) is too unreasonable.

2. The lower court sentenced a fine of KRW 2 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions of sentencing in this court, in particular, the fact that the defendant was sentenced to a fine for the same kind of crime even in 2013, the fact that the defendant was already sentenced to a fine more mitigated than a summary order (five million won in penalty) in the original court in consideration of the circumstances alleged by the defendant, and the fact that the sentencing of the original court exceeded the reasonable bounds of discretion in light of the circumstances alleged by the defendant.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unreasonable, considering the following factors: the Defendant’s age, sex, family relationship, etc. after the instant crime.

3. 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 for conclusion is without merit.

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