beta
(영문) 대전지방법원 2020.07.22 2019노2179

범인도피교사등

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that in light of the content of the instant crime that caused confusion in the investigation process by making false statements to an investigative agency to conceal the crime of unlicensed driving, Defendant A committed the instant unlicensed driving crime even though he/she was punished several times due to the crime of violating the Road Traffic Act due to drinking or unlicensed driving, and thus, it is inappropriate for the lower court to have too unscheduled sentence (Defendant A: 10 months of imprisonment and suspension of execution, 2 years of imprisonment, and 3 million won of fine).

2. The court below decided the above punishment against the defendants on the grounds of the sentencing stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently considered when determining the punishment in the court below. In addition, considering the defendants' age, character, environment, motive, means and consequence of the crime, circumstances after the crime, etc., including the fact that the defendants were committed in all of the facts of the crime of this case, and there is no punishment power exceeding the fine, it cannot be acknowledged that the sentencing judgment of the court below exceeded the reasonable scope of discretion because it is too unaffortued.

3. In conclusion, the prosecutor's appeal against the defendants is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal against the defendants is without merit. It is so decided as per Disposition.