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(영문) 창원지방법원 2018.12.12 2018노2266
폐기물관리법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing of the summary of the grounds for appeal (the sentence of the court below shall be punished by a fine of two million won or more for the crime set forth in the judgment of the court below, and six months for the crime set forth in the judgment below);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court rendered a sentence by comprehensively taking account of the following factors: (a) under the unfavorable circumstances: (i) the Defendant committed a second offense during the period of probation (the crime No. 2 in its holding); (ii) the Defendant committed a second offense; and (iii) the Defendant had the same criminal history (two times a penal penalty); (iv) the Defendant recognized all of the instant crimes; and (v) removed a part of the unauthorized occupation and use of the goods; and (v) the fact that the Defendant was a criminal record of the latter two concurrent crimes after Article 37 of the Criminal Act; and (v) other sentencing conditions, including the Defendant’s age, sex, environment, circumstances, and circumstances after the crime, etc.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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