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(영문) 대전지방법원 2015.11.05 2014노3749
업무상과실장물취득
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant made a confession of all of the instant crimes and reflects his mistake, and that the Defendant does not have the same criminal records.

However, in light of the scale of damage and the number of damage amount of the instant crime, etc., the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, including the circumstances before and after the instant crime, and other circumstances deemed by the lower court to have exceeded the reasonable bounds of discretion in sentencing determination, or there are no newly discovered materials in the course of the immediate sentencing examination (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In so doing, the Defendant’s assertion is without merit, since the Defendant’s sentence against the Defendant is deemed to be too unreasonable.

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

(Inasmuch as it is apparent that the attached list of crimes was omitted, it shall be corrected to add it ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure, as shown in the attached Form).

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