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(영문) 수원지방법원 2017.05.29 2016노7888
방문판매등에관한법률위반방조등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 30,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the court below's sentence (the penalty amounting to KRW 30 million) imposed on the defendant is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Reviewing the reasoning for appeal ex officio prior to the judgment on the grounds for appeal, the record reveals that the Defendant was sentenced to a suspended sentence of six months on August 19, 2016 to a crime of violating the Act on the Regulation of Similar Receiving Acts at the Ulsan District Court, and the above judgment became final and conclusive on January 14, 2017. However, the Defendant’s violation of the Act on the Regulation of Similar Receiving Acts, which became final and conclusive in the judgment of the lower court, in relation to the concurrent crimes of Article 37 of the Criminal Act, and the violation of the Act on the Regulation of Similar Receiving Acts, which became final and conclusive on January 14, 2017, should be sentenced to punishment for each crime of the lower judgment in consideration of equity with the case where the judgment is concurrently rendered pursuant to the main sentence of Article

3. In conclusion, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair sentencing argument of the defendant and the prosecutor, and the judgment below is reversed and it is again decided as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is all criminal facts of the judgment below and the judgment below became final and conclusive on January 14, 2017, on the following grounds: (a) the defendant was sentenced to imprisonment with prison labor for six months by the Ulsan District Court on August 19, 2016 for a violation of the Act on the Regulation of Similar Receiving Acts.

“A previous conviction in the judgment of the court below” is added at the end of the part of the evidence and at the end of the main text of the evidence, other than adding “a copy of the judgment: the copy of the judgment and the search of the Supreme Court in the case,” as stated in each corresponding column of the judgment of the court below, it is cited by Article 3

Application of Statutes

1. Each door-to-door sales on criminal facts under applicable Articles of the Act and punishment;

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