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(영문) 서울동부지방법원 2015.09.10 2015노470
주차장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty imposed by the lower court (a fine of KRW 300,000) is excessively unreasonable.

2. The circumstances favorable to the defendant include the confession and reflect of the instant crime, the family members to support, and the fact that the parking lot was restored to its original state after the accusation.

On the other hand, the defendant has a history of criminal punishment over several times, and the crime of this case is operated by installing fences and tables in the outdoor parking lot for commercial buildings, and the degree of the violation was also limited to the period of violation. In light of the above circumstances and other factors, considering all the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

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

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