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(영문) 서울중앙지방법원 2013.10.17 2013노2946
공중위생관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unreasonable to impose a fine of 500,000 won.

2. On the other hand, the Defendant was dead to commit the instant crime, and the Defendant, either the first offender, or the prosecutor, once again prosecuted for the suspension of indictment on larceny.

Even if the prosecution does not affect the validity of the indictment, and the court sentenced the conviction of the indictment.

On the other hand, it cannot be deemed against the principle of res judicata (see, e.g., Supreme Court Decision 83Do2686,83Do456, Dec. 27, 1983). This is also the same in the case of this case where the defendant was separately prosecuted after the suspension of indictment on the violation of the Public Health Control Act against some persons related to the inclusive crime. The defendant was sentenced to a fine of KRW 500,000,000, which was considerably reduced from a fine of KRW 1 million requested a summary order at the court below, and the reason for sentencing alleged by the defendant seems to have been sufficiently considered in the sentencing of the court below. The reason for sentencing alleged by the defendant seems to be sufficiently considered in the sentencing of the court below. The defendant's business period and size of the business of this case, the defendant's age, character and environment, means and result of the crime, etc., are too unreasonable, considering the conditions of sentencing specified in the argument of this case, and thus,

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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