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(영문) 서울중앙지방법원 2017.01.12 2016노4251
공중위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. In full view of the period and scale of the instant crime, the Defendant re-offendered the instant crime without any reflective nature despite the fact that the Defendant had been subject to criminal punishment for the same crime at the same place, and there are no special circumstances or changes in circumstances that may newly be considered in the sentencing after the judgment of the court below was rendered, and all the sentencing conditions of the instant case, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant, such as the Defendant’s mistake and reflect against the Defendant, the sentencing of the court below is too excessive beyond the reasonable scope of discretion, and thus, cannot be deemed unfair.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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