beta
Text
The defendant's appeal is dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal is that the mistake of facts and the violation of statutes are affected by the conclusion of the judgment.
In addition, the punishment prescribed by the court of the court of the court below (3 million won) is too unreasonable.
2. In examining the instant case based on the evidence duly adopted and examined as to the assertion of misunderstanding of facts and misapprehension of legal principles, it is just and acceptable for the court below to find the Defendant guilty of the instant facts charged as stated in its holding.
We cannot accept the allegation that there was a misunderstanding of facts or a misunderstanding of legal principles affecting the judgment of the court below.
Since it seems that the financial situation of the defendant is difficult to determine the amount of the fine, the amount of the fine shall be considered in determining the illegal argument.
However, the criminal liability of the defendant is not against the law.
No reflection may be the basis of reflectability.
There are a number of criminal records and multiple crimes are committed in the same way.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.
3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit.
The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.