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(영문) 부산지방법원 2015.04.02 2015노113
동물보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one million won of a fine) is too unlimited and unfair.

2. The judgment of the court below is unreasonable in light of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the fact that there is no past history of punishment for the same kind of crime, the health of the defendant is good, and the circumstances are faced with economic difficulties, or the defendant committed the crime of this case even though he had previously been suspended from indictment for the same kind of crime, the court below already reduced the fine amount of the summary order (2 million won) in consideration of the circumstances favorable to the defendant, the fairness in sentencing with the same and similar cases, the equity in sentencing, and other various circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the motive and circumstance of the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and environment, etc., and the sentencing of the court below is no more

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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