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(영문) 수원지방법원 2018.12.13 2017노9602
경범죄처벌법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unhued and unreasonable.

Judgment

In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant case has no change in any specific conditions of sentencing compared with the lower court, and the circumstances alleged by the prosecutor as the grounds for sentencing are deemed to have already been reflected in the grounds for sentencing of the lower court. Taking full account of the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, crime, circumstances after the crime, and criminal records, and other various circumstances, which are the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, sex, and behavior, environment, motive, means and consequence of the crime, the lower court

It does not seem that it does not appear.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition (Article 25 of the Regulation on Criminal Procedure). However, "Article 3 (1) 12 of the Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017); Article 3 (1) 20 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017); Article 3 (1) 12 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 2017); Article 3 (1) 20 of the former Punishment of Minor Offenses Act (amended by Act No. 14908, Oct. 24, 201)

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