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(영문) 수원지방법원 2010.07.13 2008노1491 (1)
사기 등
Text

All judgment of the court below shall be reversed.

No. 2. of the Decision, No. 15,000,000 for the crime No. 1 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant to have committed a crime of violating the Water Quality Conservation Act, since the Poscul article, which had been using the misunderstanding of facts as to the judgment of the court below of the second instance, arbitrarily collapseed the poscul by destroying the posculs into the river.

B. Each of the lower judgment’s respective penalties on the grounds of unfair sentencing is excessively unreasonable.

2. Ex officio determination

A. According to the records, the defendant was sentenced to a suspended sentence of eight months at the Suwon District Court on October 25, 2006 for a violation of the Road Traffic Act (unlicensed Driving), and the above judgment became final and conclusive on November 2 of the same year, on January 29, 2007, with a suspended sentence of three years for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on October 30 of the same year, and the above judgment became final and conclusive on October 30 of the same year, and on May 7, 2009, with a sentence of one year for a violation of the Road Traffic Act (unlicensed Driving) at the Suwon District Court on October 29 of the same year, and the decision of the court below became final and conclusive on October 29 of the same year on the grounds that the above judgment becomes final and conclusive on November 2, 2006 and each of the violation of the Road Traffic Act (Unlicensed Driving License) at the same time as the judgment of the court below on October 30, 200 of the same year becomes final and conclusive.

B. As to the judgment of the court below Nos. 2 and 3, service by public notice to the defendant may be made only when the dwelling, office or present address of the defendant is unknown.

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