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(영문) 대구지방법원 2016.10.05 2016노3002

범인도피교사

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (four months of imprisonment) is too unreasonable.

2. It is recognized that the defendant's mistake is divided, there is no record of punishment for the same kind of crime, the violation of the Game Industry Promotion Act, etc. for which judgment has become final and conclusive and the violation of the Act on Promotion of Game Industry and the violation of the Act should be imposed in consideration of equity in the case where the

However, the crime of this case requires strict punishment that enables an investigative agency to interfere with the investigation and make it difficult to find a criminal and thereby making it difficult for the State to properly act as a criminal justice; the defendant has been punished several times, having been sentenced to a fine, having committed the crime of this case without being aware of the period of repeated crime; there is no change in circumstances that the court below and the punishment are different from the crime of this case; the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, are too unreasonable.

Therefore, the defendant's assertion is without merit.

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

However, inasmuch as it is obvious that the remaining term of imprisonment has elapsed on March 29, 2013, as paroled on March 24, 2013 while the crime column in the judgment below was in the second sentence of the Criminal Procedure Act (the execution of the above sentence was terminated on June 24, 2013), it is obvious that it is a clerical error in the written judgment of the court below. Thus, the correction is made ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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