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(영문) 서울중앙지방법원 2018.07.12 2018노1021
공중위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an amount of KRW 3 million) is too unreasonable.

2. The lower court seems to have rendered a fine of KRW 3 million in full view of the circumstances favorable to the Defendant, such as (i) the fact that the guest room in the unreported lodging business operated by the Defendant was three or more, and (ii) the fact that the Defendant recognized the crime and (iii) the fact that the Defendant appears to have suspended the unreported lodging business; and (iv) the fact that the Defendant did not have any record of criminal punishment other than the fine above, etc., taking into account all favorable circumstances favorable to the Defendant.

Taking into account all the matters that are conditions for sentencing, such as the Defendant’s age, career, sex, environment, family relationship, motive and background of the crime, degree of benefit gained from the crime, circumstances after the crime, equity with similar cases, etc. in the trial, the sentencing of the lower court exceeded the reasonable bounds of discretion.

there is a special change in circumstances that can be assessed differently from the sentencing conditions at the court below.

shall not be deemed to exist.

Therefore, the sentence of the court below cannot be considered to be proper and too unreasonable.

3. In conclusion, 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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