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(영문) 서울북부지방법원 2014.12.23 2014노1179
공유재산및물품관리법위반
Text

The judgment of the court below is reversed.

The sentence of each sentence against the Defendants shall be suspended.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (a fine of KRW 700,000) imposed by the court below against the Defendants is too unreasonable.

2. The Defendants were in violation of their depth while recognizing the mistakes of all the Defendants, and the Defendants entered into each management consignment agreement with Nowon-gu and P Park, and run each management consignment agreement with regard to the stores, which are public property in the P Park for not less than 20 years. As each of the instant crimes was terminated, the Defendants committed each of the instant crimes. As such, there were circumstances to consider the motive and circumstances leading to the commission of each of the instant crimes; the Defendants’ operation of each of the instant stores was all removed; the Defendants were deemed to have been unable to seek other jobs; the Defendants did not have any criminal power; the Defendants did not have any history of having been punished; the rest of the Defendants did not have any history of having been punished for more severe punishment than fines; the Defendants did not have any history of having committed other crimes; and considering the various circumstances that form the conditions of sentencing as shown in the records, such as the Defendants’ age, character and conduct, environment, and family relations, each punishment imposed by the lower court is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is based on the following reasoning.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 99 and Article 6(1) of the former Public Property and Commodity Management Act (Amended by Act No. 12201, Jan. 7, 2014); Selection of a fine for negligence

1. 70,000 won for each fine to be suspended;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the inducement of a workhouse (100,000 won per day);

1. Each suspension of sentence:

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