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(영문) 창원지방법원 2018.09.20 2018노1023
담배사업법위반
Text

Defendant

D All appeals against the defendant A by the prosecutor and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant D’s punishment (an amount of KRW 5 million) by the lower court is too unreasonable.

B. The lower court’s sentence against the Defendant A of the Prosecutor (one year of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. As stated in its holding, each sentence imposed on the Defendants by comprehensively taking into account the favorable or unfavorable circumstances of the Defendants into account is appropriate, and it does not seem too heavy as alleged by Defendant D, or too minor punishment as alleged by the prosecutor.

3. In conclusion, since each appeal against Defendant D and the prosecutor against Defendant A is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “the pertinent Article of the Criminal Procedure Act and the choice of punishment” against Defendant D, among the application of the law of the lower judgment, shall be corrected to “the choice of each penalty”.

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