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(영문) 춘천지방법원 강릉지원 2013.07.09 2013노168
공기호부정사용등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (two months of imprisonment and fine of three hundred thousand won) is too unreasonable.

2. If we look at only the instant crime, in light of the fact that the Defendant’s health condition is somewhat inappropriate, and that the previous suspended sentence is invalidated if the Defendant’s sentence against the Defendant becomes final and conclusive, the sentence of the lower court would be somewhat inappropriate. However, each of the instant crimes is a crime committed during the suspended sentence period, which only provides a statutory penalty for the crime of unlawful use of air and the crime of unlawful use of air among the instant crimes, and the crime of unlawful use of air and the crime of unlawful use of air. In full view of all the factors indicated in the arguments and records, including the circumstance that the Defendant was disqualified from the suspended sentence as a person subject to the suspended sentence, the lower court’s sentence is too unreasonable

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

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