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(영문) 서울고등법원 2015.11.26 2015노2874

범인은닉

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won of a fine) sentenced by the first instance court on the gist of the grounds of appeal is deemed to be too unhued and unreasonable;

2. However, the Defendant concealed C for about six months by means of giving the wife to C in flight, which committed fraud, etc.

It is not good that such a crime is an act that makes it difficult or impossible for the state to take proper criminal justice measures such as investigation, trial, and execution of sentence against the offender.

In addition, the Defendant committed the instant crime without being aware of the fact that he had been under suspension of execution due to the violation of the Punishment of Violences, etc. Act (the act of causing deadly weapons, etc.).

In addition, the defendant has been punished as a pro rata crime four times more.

(1) In light of these circumstances, it is reasonable to punish the accused with severe punishment corresponding to the responsibility for the crime.

However, the defendant did not refuse to accept the request of C while knowing that he had known that he had been aware of for a considerable period of time and that he had been subject to deception, and did not refuse to commit the crime of this case. The circumstances that may be taken into account exist, the defendant contributed to actively cooperating in the investigation procedure on the day he was investigated by the police as a result of the crime of this case and arresting C. Considering these circumstances, the sentence that is subject to the cancellation of the previous suspension of execution as a result of the crime of this case seems to be somewhat harsh, and considering the circumstances such as the defendant's age, character, family environment, family relationship, and circumstances after the crime of this case, the sentence that is subject to the cancellation of the previous suspension of execution would be somewhat harsh, and considering all the various circumstances that are the conditions for the punishment of this case, including the defendant's age, character and behavior, family environment, family relationship, and circumstances after the crime of this case

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. If so, the Prosecutor’s appeal is without merit.