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(영문) 울산지방법원 2019.06.13 2019노78
부정사용공기호행사등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two months of imprisonment and the cost of lawsuit) is too unreasonable.

2. On June 7, 2017, the lower court: (a) taken into account the following factors: (b) the Defendant was sentenced to one year of imprisonment for fraud as indicated in the lower judgment’s holding on June 7, 2017; (c) the Defendant committed the instant crime during the period of the suspension of execution after being sentenced to two years of imprisonment for the instant crime; (d) the Defendant’s operation of the instant motor vehicle while permitting the illegality of the instant motor vehicle from November 201 to May 23, 2018; and (e) the statutory penalty only provides for the crime of unlawful use air traffic; and (b) the Defendant recognized the Defendant’s commission of the instant crime at the latest and erroneously; and (c) determined the Defendant’s age, character, environment, motive, means and consequence of the instant crime; and (e) the conditions of various sentencing as indicated in the record and arguments of the lower court, taking into account the following factors: (c) the Defendant’s imprisonment with prison labor for four months

In full view of the factors and guidelines for sentencing expressed in the sentencing review process of the lower court, the lower court’s determination of sentencing is not deemed to have exceeded the reasonable bounds of its discretion.

Furthermore, there are no circumstances suggesting that the court below's decision on the grounds of unfair sentencing alleged by the defendant in this court is unfair even if the court below has already considered the defendant's punishment and has taken full account the materials presented during the sentencing hearing of this court.

Therefore, the defendant's assertion is not accepted.

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

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