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(영문) 대구지방법원 2018.06.07 2018노835
가축분뇨의관리및이용에관한법률위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (7 million won in penalty) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. The court below sentenced the above punishment by taking into account the following favorable circumstances: (a) the prosecutor’s judgment and the defendant’s respective unfair arguments in sentencing together; (b) the defendant had a criminal record in the same kind of crime; (c) the defendant extended the stable despite having been investigated as a single criminal act; and (d) the period of violation of the defendant is not shorter than the period; and (c) the defendant reflects the defendant; and (d) the defendant has

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible or unreasonable as the Defendant asserts, and thus, the above argument by the prosecutor and the Defendant are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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