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(영문) 광주지방법원 2020.10.13 2019노3077
공중위생관리법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., a fine of KRW 30,00,00, KRW 20,000, KRW 20,000, and KRW 1 through 19,27 through 30, 33 through 40, 43 through 45, 50 through 54, 56 through 65, and 67 through 70) are too unreasonable.

2. The fact that the Defendants recognized the instant crime, and the fact that the legislation is being promoted that allows the Defendants to practice the eyebrow door in beauty and beauty business establishments is favorable sentencing factors for the Defendants.

On the other hand, the Defendants were under the control of the same crime in around 2016, and accordingly Defendant B was subject to the suspension of indictment, and Defendant A was sentenced to two years of the suspended sentence for one year, and repeated crimes of this case during the suspended sentence, etc. are elements for sentencing unfavorable to the Defendants.

The lower court determined the sentence against the Defendants by comprehensively taking into account the above elements of sentencing, and there is no change in the sentencing conditions that may be newly considered in this court compared with the lower court.

In addition, comprehensively taking into account the Defendants’ age, character and conduct, criminal records, motive and background leading to the instant crime, and circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is not deemed unreasonable because it is too unreasonable.

3. The Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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