beta
(영문) 서울중앙지방법원 2013.08.08 2013노1769

범인도피교사등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (for Defendant A, 8 months of imprisonment, 2 years of suspended sentence, 80 hours of community service order, and 3 million won of fine) are too minor.

2. The Defendants’ nature of the crime of this case is not weak, and the Defendant A has the same criminal records as the instant crime is also disadvantageous to the Defendants.

On the other hand, in full view of the various circumstances, including the fact that the Defendants repented the defendants' mistakes, there is no punishment force exceeding the fine against the defendant A, and the defendant B was the primary offender, and the court below added the community service order for 80 hours to the defendant A and expected the appropriate correction of the above defendant through the above program, etc., and considering the defendants' age, character and behavior, intelligence and environment, motive, means and consequence of the crime, the motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below cannot be deemed to be too unjustifiable and unfair.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.