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(영문) 부산지방법원 2015.01.23 2014노3585
아동복지법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The lower court determined the punishment by taking into account the following factors: (a) the nature of the instant crime is not good; (b) the Defendant was the first offender and is in profoundly against the Defendant; (c) the Defendant’s age, character and conduct and environment; (d) the motive, means and consequence of the instant crime; and (e) the circumstances after the instant crime were considered. In full view of all matters regarding the sentencing specified in the records and arguments, the lower court’s aforementioned sentencing is deemed appropriate, and thus

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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