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(영문) 의정부지방법원 2015.06.02 2015노154
전기용품안전관리법위반
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (Defendant A: imprisonment of one year, two years of probation, 160 hours of community service, confiscation/Defendant B: fine of ten million won) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. It is recognized that the period of the instant crime is not short, and the size of electric wires manufactured without obtaining safety certification and electric appliances indicated as having obtained safety certification is considerably significant, and that the gains acquired by the instant crime appears not to have been significant, and that where an accident, such as fire and electric shock, occurs due to the electrical appliances that did not obtain safety certification, it is necessary to strictly punish those electrical appliances that may cause damage to the lives, bodies, and property of the people.

B. Meanwhile, in full view of the following circumstances: (a) the Defendants led to the confession of the instant crime; (b) the Defendants did not have any heavy criminal history or any same kind of crime except the records of punishment imposed by Defendant A once; (c) the suspension of the production of electric wires that did not receive safety certification after the instant crime; and (d) the most supporting the wife and the three children; and (c) other circumstances that are the conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, and the content of the instant crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) it is not deemed unfair or unfair because it is too poor.

C. Therefore, the Defendants and the prosecutor’s above assertion are without merit.

3. In conclusion, since the appeal of this case by the Defendants and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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