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(영문) 부산지방법원 2014.07.17 2014노1305
사립학교법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. The facts that the defendant did not have the power to be punished for the same kind of crime, and that he did not know his mistake properly. However, if the defendant sold all the land of the kindergarten of this case, which is the educational property of private school, to D with the intention to circumvent the mandatory provisions of the Private School Act which strictly prohibit disposal, such as the sale and purchase of the educational property, it cannot be deemed that the quality of the crime is somewhat weak. The defendant has the power to emphasizing the background of the case or his economic difficulties in the trial, and it is lack of awareness that he should understand the purpose of legislation of the related Acts and subordinate statutes and comply with it. Nevertheless, the court below's decision made a large reduction of the fine amount of the summary order (three million won of the fine) by taking into account the above favorable circumstances, and there is no change of circumstances to consider in the sentencing until the trial is held, and considering the motive and circumstances of the crime of this case, the defendant's age, the defendant's age, the circumstances, and the circumstances of the punishment of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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