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(영문) 서울중앙지방법원 2016.12.22 2016노4153
식품위생법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than four months) of the lower court’s sentence (one year of suspended sentence) is too unreasonable.

2. In full view of the following: (a) the Defendant had a record of criminal punishment of fines twice for the same crime at the same place; (b) the Defendant re-offending the instant crime without any reflective force; (c) the period of the instant unauthorized business; and (d) there was no special circumstance or circumstance newly considered in the sentencing after the lower judgment was pronounced; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) all of the sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant, such as the Defendant’s failure to repeat the crime, even if the lower court’s sentencing is too unreasonable because it goes beyond the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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