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The defendant's appeal is dismissed.
Expenses of the trial shall be borne by the defendant.
Reasons
1. The summary of the grounds for appeal is that the judgment of the court below is a case where the mistake of facts has affected the conclusion of the judgment.
In addition, the punishment prescribed by the court of the court of the court below (the penalty of KRW 5 million, the penalty of KRW 2.450,000) is too unreasonable.
2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of facts, there is sufficient proof.
The decision is judged.
It is just and just that the court of the court below found the defendant guilty of the facts charged in this case as stated in its holding.
We cannot accept the allegation that there is a mistake of facts affecting the judgment of the court below.
There are circumstances in which the economic situation of the defendant is difficult and the health of the defendant is not good for the unfair argument of sentencing.
However, the criminal liability of the defendant is not against the law.
There are several criminal records, and a fine is imposed once for the same criminal record.
The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.
The judgment below
There is no new circumstance that can be considered in sentencing as a result of the sentence.
In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.
3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
In addition, according to Articles 191(1), 190(1), and 186(1) main text of the Criminal Procedure Act, it is reasonable for the defendant to bear the costs of lawsuit on the part of the court below that the court below ordered to bear.