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(영문) 대구지방법원 2013.11.01 2013노974
소방시설설치유지및안전관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. Along with the fact that the building of this case was in the process of compulsory auction due to the Defendant’s default at the time of the crime of this case, there are circumstances to consider the circumstances leading to the crime of this case, and the Defendant’s current economic situation is not good. However, the lower court appears to have determined the punishment by reducing the amount of fine under the summary order by fully considering such circumstances, and the lower court’s punishment is too unreasonable because there is no change in circumstances to be considered in the trial. Thus, the Defendant’s above assertion is without merit.

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

However, the application of the law of the court below is obvious that the "Article 50 (3)" in the "the pertinent provision on the 1. criminal facts" is a clerical error in Article 50 (3). Thus, the correction is made in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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