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(영문) 서울서부지방법원 2014.10.23 2014노921
경범죄처벌법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (seven million won of a fine) of the lower court is deemed to be unhued and unreasonable.

2. In that the Defendant committed the instant crime, which disturbs public order within the period of repeated crime, the Defendant has to be punished corresponding to the relevant act. However, the Defendant repeatedly led to the Defendant to commit the instant crime. However, the Defendant has been detained in the instant case for a period of approximately two months and would not repeat the same mistake, other than the one-time fine power, and the Defendant has no same criminal power. In view of the motive and background of the instant crime, circumstances after the commission of the crime, Defendant’s career, environment, etc., and all of the sentencing conditions as shown in the pleadings and arguments, the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

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

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