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(영문) 대전지방법원 2015.11.13 2015노2481
폐기물관리법위반등
Text

The guilty portion of the judgment of the court below is reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

. tobacco seized.

Reasons

1. Summary of grounds for appeal;

A. Defendant B1) The lower court’s sentencing (compact 4 months) of the first instance judgment (compactly unfair) is too unreasonable, and the lower court’s sentencing (compact 2 months) of the second instance judgment) the Defendant was in a state of mental and physical disability even at the time of committing the crime of intimidation on May 26, 2014. (B) The lower court’s sentencing (compact 2 years and 6 months of imprisonment) is too unreasonable.

B. The prosecutor (the first instance court's judgment)'s sentencing (the defendant B: the imprisonment of April, the imprisonment of six months, the suspension of execution of one year) of the lower court is too uneasible and unfair.

2. Determination

A. Article 1 and Article 37 of the Criminal Act provides that the judgment of ex officio (a separate sentence) upon the consolidation of cases shall be sentenced to each of the judgment below, and the defendant filed an appeal against each of the above judgment below, and this court decided to hold a joint hearing of each of the appeal cases. The defendant had a criminal record of the judgment of the court of first instance, and each of the offenses listed in the judgment of the court of first instance and the latter concurrent crimes under Article 37 of the Criminal Act

Therefore, the judgment of the court below, notwithstanding the above consolidation decision, should be sentenced respectively.

B. As to the assertion of unfair sentencing on the judgment of the court of first instance, the crime of this case (defendant B and prosecutor) does not correspond to the nature of the crime committed by the defendant B by illegally covering 856 tons of concrete packaging and reclaiming wastes and aiding and abetting the defendant A to commit the crime. In particular, in light of the fact that the defendant B was sentenced to imprisonment and committed a repeated crime during the period of repeated crime, it is necessary to strictly punish the defendant B, and the sentence is inevitable. Meanwhile, the defendants led to the confession of and reflect against the crime, the defendants support the wife and two children, the degree of participation in the crime is relatively somewhat somewhat somewhat weak, and the defendant A did not have any specific criminal record other than the one fine.

In addition, the defendants' age, living environment, motive, details and result of the crime, and circumstances after the crime are committed.

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