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(영문) 울산지방법원 2014.06.20 2014노205

범인도피등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the overall circumstances of this case, the punishment imposed by the court below (5 million won of fine) is too unreasonable.

However, the Defendant also committed a crime by making a statement that he/she actually operated a gas station that sells pseudo petroleum products at an investigative agency. Since the offense of escape is a crime that obstructs the proper criminal justice action of the State and makes it difficult to discover the substantial truth, it needs to be strictly punished. The sales amount of pseudo petroleum products in this case reaches 4,874,769,642 won, the Defendant’s economic situation is not sufficient, and the Defendant’s criminal records appear to lead to each of the crimes in this case, but the Defendant’s criminal records appear to be somewhat insufficient awareness that he/she should comply with the rules, taking into account all the sentencing conditions, such as the Defendant’s age, family relation, criminal records, criminal records, character and conduct, environment, means and method of the crime, and circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is deemed to be appropriate and unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

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

[However, since the application of the law"in the judgment of the court below is obvious that "(within the scope of total sum of the two crimes)" was omitted due to mistake, it shall be corrected ex officio by adding it pursuant to Article 25 (1) of the Rules on Criminal Procedure."