밀항단속법위반등
The defendant and prosecutor's appeal are dismissed.
1. Summary of grounds for appeal;
A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.
B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.
2. In the past 2001, when the Defendant was arrested as a thief in Japan and sentenced to a 8-year punishment in Japan, and was released from Korea due to the record of parole, the Defendant resisted with the instant crime, and again committed the thief in Japan.
On the other hand, the defendant recognized the crime of this case and reflected it.
L and I, as the defendant, paid 20 million won and 12 million won each to the mediation hub as the defendant, has been issued a summary order of 7 million won and 3 million won each, and the equity should be considered.
There is no previous difference between the defendant and the defendant.
In addition, taking into account the following circumstances and circumstances, such as the Defendant’s age, health status, environment, family relationship, circumstances after the commission of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the commission of the crime, the sentence imposed by the lower court cannot be deemed to be too heavy or unreasonable because it is made within the scope of discretion and within the reasonable and reasonable scope of discretion.
All the arguments of the defendant and prosecutor that the sentencing of the court below is unfair are rejected.
3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.