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(영문) 의정부지방법원 2019.03.21 2018노3537
공기호부정사용등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imposition of the penalty (or four months in prison);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under suspension of execution: A person to be mitigated from a crime during the period of suspension of execution: Domination, such as confession, reflectivity, etc., and the grounds for unreasonable sentencing alleged by the Defendant are already taken into account in determining the punishment, and the lower court’s punishment determined accordingly is appropriate within the scope of discretion.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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

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