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(영문) 창원지방법원 2017.08.24 2017노1411
선박안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of the fact that he had transported earth and sand beyond the full draft repair.

B. The punishment of the lower judgment that was unfair in sentencing (2 million won) is too unreasonable.

2. Determination

A. We examine the judgment of the court below as to the assertion of mistake of facts, and the defendant also argued the same as the above grounds for appeal, and the court below rejected the defendant's assertion on the grounds as stated in its reasoning. The judgment of the court below is justified in light of a thorough comparison with the records, and the judgment of the court below is just (it is difficult to recognize the circumstances where C's her her her her her her her her her her her her her her her her hers

B. In full view of the following factors: (a) the determination of an unfair assertion of sentencing is examined; and (b) the number of matters (the Defendant has no criminal record exceeding the fine, and the health status is not good) and the applicable sentences, etc., which are the conditions for the sentencing in the trial; and (c) the determination of the lower court’s sentencing is deemed to fall within the reasonable scope of discretion; and (d) there is a change in the conditions of the sentencing when it comes to the trial.

Considering the fact that it cannot be seen, the lower court’s punishment is too unreasonable due to the fact that the Defendant’s assertion on this part is also groundless.

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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