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(영문) 서울북부지방법원 2017.05.25 2016노2658
공전자기록등불실기재등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant B and C: each fine of 5 million won, Defendant E’s imprisonment with prison labor of one and half years, three years of probation, observation of protection, community service work of 160 hours) declared by the court below against the Defendants is too unreasonable.

2. Although there are circumstances that may be considered in light of the circumstances, such as the fact that the Defendants were aware of each of the instant crimes and divided the grounds for appeal, considering the fact that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment was rendered, and other circumstances that form the conditions for sentencing as shown in the records and arguments, such as the Defendants’ age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime was committed, the lower court’s sentencing is determined within a reasonable and appropriate scope, and it is not deemed unfair.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the defendants' appeal is without merit. It is so decided as per Disposition.

1. Since it is clear that the protection observation of “the previous part of the community service order” has been omitted, it is added to this. It is ex officio correction in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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