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Escopics
Defendant
Appellant. An appellant
Defendant
Prosecutor
Kim Yong-ju
Defense Counsel
Attorney Kang Chang-ok
Judgment of the lower court
Busan District Court Decision 2006Da161, 194 decided June 13, 2006
Text
The defendant's appeal is dismissed.
Reasons
The gist of the grounds for appeal submitted by the defense counsel of the defendant is that the punishment sentenced by the court below (the punishment of 3 years of suspended sentence for 2 years of imprisonment and the fine of 88 million won) is too unreasonable.
However, in light of the Defendant’s age, character and conduct, intelligence and environment, the contents, motive, means and consequence of the instant crime, as well as various circumstances that form the conditions for sentencing, such as the sentence finalized against the instant accomplices, and the circumstances after the commission of the crime, the Defendant’s assertion that the sentence imposed by the lower court should be calculated based on the retail price in a fake form, not the actual retail price in a fake form, on the ground that it is not reasonable (the Defendant’s assertion that, in determining the fine, should be calculated based on the retail price in a fake form, not the actual retail price in a fake form, but the retail price in a fake form should not be determined based on retail products subject to the said Article. However, the Defendant’s assertion cannot be formed on the ground that it was impossible for the consumer to purchase a fake form, and the retail price in Article 3(2) of the Act on Special Measures for the Control of Public Health Crimes should be calculated based on retail products subject to the said Article.
Therefore, the defendant's appeal is dismissed on the ground that it is without merit. (However, it is so decided as per Disposition by the court below's decision that "Article 271 (2)" is "Article 269 (2), "Article 38 (1) 2" of Part 5, "Article 38 (1) 2" of Part 5, and "Article 55 (1) 3 of Part 5, "Article 55 (1) 3" of Part 5, and "Article 55 (1) 6" is added, and the judgment of the court below is corrected).
Judges sexually written(Presiding Judge)(Presiding Justice)