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(영문) 서울중앙지방법원 2014.05.22 2014노744
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (300,000 won of fine) declared by the court below is too unreasonable.

2. It is recognized that the Defendant’s confessions all of the instant crimes and reflects them, the Defendant has no record of criminal punishment except for minor criminal records at one time, and the Defendant’s economic situation is difficult.

However, the court below seems to have reduced the amount of fine (500,000 won) for the summary order in full consideration of the above various circumstances, and the circumstance that could change the sentence of the court below in favor of the defendant is not presented in the appellate court. Taking into account the sentencing in similar cases and other circumstances that conditions for sentencing, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the court below's punishment is too unreasonable, and therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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